Waks and Anor v Marrickville Council [2006] NSWLEC 633

Land and Environment Court of New South Wales

CITATION : Waks and Anor v Marrickville Council [2006] NSWLEC 633

APPLICANT Sheree Waks and PARTIES : Borivoj Maksimovic

RESPONDENT Marrickville Council

FILE NUMBER(S) : 10070 of 2006

CORAM: Murrell C

KEY ISSUES: Development Application :- demolition of the existing cottage, subdivision of the land into two separate allotments, streetscape presentation, subdivision pattern, amenity, inadequate open space, parking

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

CASES CITED: Como v Marrickville City Council [2006] NSWLEC 105 ; Serhan v Marrickville City Council [2006] NSWLEC 237

DATES OF HEARING: 26/05/2006 and 13/07/2006

EX TEMPORE JUDGMENT DATE : 07/13/2006

APPLICANT Mr C. Gough, solicitor of Storey and Gough LEGAL REPRESENTATIVES:

RESPONDENT Mr G. Chrsitmas, solicitor of Marrickville Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

13 July 2006

10070 of 2006 Sheree Waks and Borivoj Maksimovic v Marrickville Council

JUDGMENT This determination was given extemporaneously and it has been edited prior to publication

1 This judgment is for an appeal under s 97 of the Environmental Planning and Assessment Act. By way of background this matter has come back to me today for final consideration in terms of the development application for the property known as 13 Myra Road, Dulwich Hill. The proposal is for the demolition of the existing cottage on the subject lot which is on the corner of Myra Lane and Myra Road and for the subdivision of the land into two separate allotments. One lot would be an L-shaped allotment known as Lot 2 with frontage to Myra Lane of some 7 m and also an L-configuration such that there is a property boundary to Myra Road of some 4.5 m and a total site area of 187 sq m. Lot 1 is proposed on the corner of the lane and Myra Road to have an area of approximately 165.5 sq m.