Andrew Aitchison (Unwins) v Marrickville Municipal Council [2004] NSWLEC 228

Land and Environment Court of New South Wales

CITATION : Andrew Aitchison (Unwins) v Marrickville Municipal Council [2004] NSWLEC 228 APPLICANT Andrew Aitchison (Unwins)

PARTIES : RESPONDENT Marrickville Municipal Council

FILE NUMBER(S) : 10060 of 2004 CORAM: Watts C at 1 KEY ISSUES: Development Application :- Marrickville Local Environmental Plan 2001, (MLEP); LEGISLATION CITED: Marrickville Development Control Plan NO 35, Vol 1 - Urban Housing, (DCP35); Environmental Planning and Assesment Act 1979, ss79C and 97 CASES CITED: DATES OF HEARING: 5/05/2004 DATE OF JUDGMENT: 05/14/2004

APPLICANT: Mr M Ball, town planner LEGAL REPRESENTATIVES: RESPONDENT: Mr G A Christmas

JUDGMENT: Appeal No: 10060 of 2004 12

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Watts C

14 May 2004 Andrew Aitchison (Unwins) Applicant v Marrickville Municipal Council Respondent Judgment Introduction 1 This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 against the deemed refusal by Marrickville Council of a development application to demolish the existing dwelling house, to subdivide into two allotments and to erect a two-storey with attic dwelling (three levels) on each allotment at Lot 1 DP 102245 known as No 117 Unwins Bridge Road, Tempe. 2 I visited the land in company with the parties on the first day of the hearing and at No 3 Hillcrest Street, Ms Sandra Luong gave evidence on behalf of her parents. 3 I have concluded that the application should fail for reason of being out of character with its predominantly single-storey surroundings. The land 4 The land is situated on the northwestern side of Unwins Bridge Road between Hillcrest and Bridge Streets and opposite the Lymerston Street intersection. It has a frontage to Unwins Bridge Road of 10.06m and a depth of 50.47m and an area of 505.9m2. 5 The land slopes gently down from the southwest to northeast with a cross fall of 300mm. 6 A single-storey dwelling house is erected on the land and a garage and shed are located towards the rear. A driveway is located along the northeastern boundary. 7 There are no significant trees on the land. A 1.8m high masonry and lattice fence is located on the front boundary. 8 A mixture of masonry, 'Colourbond' and paling fences are erected on the other boundaries.