Bonim Stanmore v Marrickville Council [2004] NSWLEC 671

Land and Environment Court of New South Wales

CITATION : Bonim Stanmore v Marrickville Council [2004] NSWLEC 671 APPLICANT: Bonim Stanmore Pty Ltd and PARTIES : Cavendish & Holt Pty Ltd

RESPONDENT: Marrickville Council FILE NUMBER(S) : 10954 of 2004 CORAM: Roseth SC KEY ISSUES: Development Application - Existing Use Rights :- LEGISLATION CITED: CASES CITED: DATES OF HEARING: 25/11/2004 and 26/11/2004 DATE OF JUDGMENT: 12/07/2004

Ms S Duggan, barrister instructed by Mr G Green of Pike Pike & Fenwick LEGAL REPRESENTATIVES: Mr A Galasso, barrister instructed by Mr G Christmas of Marrickville Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

7 December 2004

10954 of 2004 Bonim Stanmore Pty Ltd and Cavendish & Holt Pty Ltd v Marrickville Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by Marrickville Council (the council) of a development application to demolish the existing buildings and construct a residential complex consisting of 49 dwellings on lot A DP 109269, lot 1 DP 49, lot B DP 330028 and lot 1 DP 526319, known as 221-235 Stanmore Road Stanmore.

The site 2 The site is on the north side of Stanmore Road between Holt and Merton Streets. The primary 65m-frontage is to Stanmore Road, but there is access also from Cavendish Street. The site's area is 2,900m2. A three-storey building stands on it. The building is now vacant but was previously used as the Concordia Club. The Floor Space Ratio (FSR) of the existing building is 1.66:1. The building covers most of the site and the unbuilt-on area is paved and used as car parking. Vehicular access is from both Stanmore Road and Cavendish Street. The larger part of the north boundary is common with the rear boundaries of houses along Cavendish Street. 3 The site is in a residential area, zoned 2(A), a zone in which dwelling houses and townhouses up to two storeys and a FSR of 0.7:1 are permissible, while residential flat buildings and clubs are prohibited. Along Stanmore Road most of the buildings are two-storey houses mixed with two-storey blocks of flats. Opposite the site is Newington College, which appears from the street like a park. Along Cavendish Street most of the houses adjoining the site are single-storey on small allotments.