Waks v Marrickville No.2 [2004] NSWLEC 132

Land and Environment Court of New South Wales

CITATION : Waks v Marrickville No.2 [2004] NSWLEC 132 APPLICANT S Waks PARTIES : RESPONDENT Marrickville Council FILE NUMBER(S) : 11042 of 2003 CORAM: Bly C KEY ISSUES: Development Application :- three attached two-storey dwellings LEGISLATION CITED: CASES CITED: DATES OF HEARING: 9/03/2004 EX TEMPORE 03/09/2004 JUDGMENT DATE :

APPLICANT Ms S Waks Self Representation LEGAL REPRESENTATIVES: RESPONDENT Mr G Christmas (Solicitor) Marrickville Council

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

11042 of 2003 Bly C 9 March 2004 S Waks Applicant

v Marrickville Council Respondent Judgment

1 . On 24 November 2003, judgment was delivered in relation to an appeal against the refusal of development application 200300491 for the erection of three attached two-storey dwelling houses at number 10 Davies Street, Dulwich Hill.

2 . In that judgment, it was effectively held that the matter of flooding of the site was the only impediment to the granting of the sought development consent. More particularly, the evidence of the applicant's engineer, Mr Duffel, was essentially accepted that the likely flood levels adjacent to the development would be minimal. However, taking a conservative approach, it was accepted that the site could be affected to some degree by a one in one hundred year flood event and, as a consequence, some further expert investigations were required to determine an appropriate floor level for the development of this site.