Architecture & Building Works Pty Ltd v Marrickville Council [2009] NSWLEC 1409

Land and Environment Court of New South Wales

CITATION : Architecture & Building Works Pty Ltd v Marrickville Council [2009] NSWLEC 1409

APPLICANT Architecture & Building Works Pty Ltd PARTIES : RESPONDENT Marrickville Council

FILE NUMBER(S) : 10554 of 2009

CORAM: Bly C

KEY ISSUES: CONSENT ORDERS :- townhouse development, interim heritage order, curtilage, visual privacy, waste management, streetscape, resident objections.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 4 December 2009

DATE OF JUDGMENT: 8 December 2009

APPLICANT Ms S Duggan (barrister) SOLICITOR Conomos Legal LEGAL REPRESENTATIVES:

RESPONDENT Ms A Hemmings (solicitor) SOLICITOR Corrs Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

8 December 2009

10554 of 2009 Architecture and Building Works Pty Ltd v Marrickville Council

JUDGMENT 1 This appeal involves a development application for 37 two-storey townhouses above a basement car park in Edgar Street, Tempe. The site is located on the northern side of Edgar Street between Unwins Bridge Road and the Illawarra Railway Line and has an area of 5,619 sq m. It is presently developed with six single storey houses and five of these houses are to be demolished. The area surrounding the site is almost entirely characterised by single storey dwelling houses.

2 The site is zoned Residential 2(a) under Marrickville Local Environmental Plan 2001 and in this zone the proposed development is permissible with development consent. The objectives of the residential zone that are required to be taken into consideration relevantly provide for sites having an area greater than 1,500 sq m to be developed for multiunit housing. Other relevantly applicable provisions of the LEP deal with subdivision, aircraft noise, landform, heritage, acid sulphate soils, waste management, energy water and stormwater, landscaping and biodiversity, and community safety and accessibility.