Inwood v Marrickville Council [2008] NSWLEC 1338

Land and Environment Court of New South Wales

CITATION : Inwood v Marrickville Council [2008] NSWLEC 1338

APPLICANT Brad Inwood PARTIES : RESPONDENT Marrickville Council

FILE NUMBER(S) : 10541 of 2008

CORAM: Tuor C

KEY ISSUES: Development Consent :- Appeal against conditions of development consent for alterations and additions to a semi detached dwelling - consent orders

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 11/07/2008

EX TEMPORE JUDGMENT DATE : 11 July 2008

APPLICANT Ms P Burns, solicitor of Maddocks Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Mr G Christmas, solicitor of Marrickville Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

11 July 2008

10541 of 2008 Brad Inwood v Marrickville Council

JUDGMENT 1 This is an appeal against conditions imposed by Marrickville Council (council) on the consent for an application for alterations and additions to an existing semi detached house at 40 Croydon Street, Petersham (the site). The parties are seeking consent orders from the Court. 2 The conditions include a deferred commencement condition which requires the removal of the ensuite bathroom which was to be located within the access way at the side of the house. Council's principal concern related to the visibility of the ensuite from the street and also the lack of symmetry that would result between the two semi-detached houses. 3 Discussions with the applicant and the council have taken place which has resulted in an agreement to place a camellia to screen the ensuite from the street. There is also a camellia in a similar location on the adjoining semi. 4 The applicant has also agreed to an additional condition which will require that the front of the ensuite be brick to match the brick of the existing dwelling. 5 On this basis I am satisfied that the issues between the parties have been resolved and that the consent orders sought by the parties may be issued. Orders 6 The orders of the Court by consent are: 1. The appeal in respect of the property known as 40 Croydon Street, Petersham is upheld.