Serhan v Marrickville Council [2006] NSWLEC 237

Land and Environment Court of New South Wales

CITATION : Serhan v Marrickville Council [2006] NSWLEC 237

APPLICANT Ahmed Serhan PARTIES : RESPONDENT Marrickville Council

FILE NUMBER(S) : 11260 of 2005

CORAM: Murrell C

KEY ISSUES: Development Application :- Design, building height, bulk and scale, inadequate open space areas, car parking

Environmental Planning and Assessment Act LEGISLATION CITED: Marrickville Local Environmental Plan 2001 Marrickville Development Control Plan Urban Housing Development Control Plan No. 19

CASES CITED: Goldin v The Minister for Transport [2002] NSWLEC 75 ; Zhang v Canterbury Council [2001] NSW COA 167

DATES OF HEARING: 21-22/03/2006

EX TEMPORE JUDGMENT DATE : 03/22/2006

APPLICANT Mr A Pickles, barrister Instructed by Mr B Phillips LEGAL REPRESENTATIVES: RESPONDENT Mr G Christmas, solicitor Of Marrickville Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

22 March 2006

11260 of 2005 Ahmed Serhan v Marrickville Council

JUDGMENT

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

1 This is an extempore judgment in respect of a matter that I heard yesterday as an On-Site Hearing. The matter comes before me as an appeal under s 97 of the Environmental Planning and Assessment Act against Marrickville Council's refusal of a development application for a subdivision and the erection of dwelling houses at the rear of the subject site.