NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Guden v The Council of the City of Sydney [2010] NSWLEC 1250
APPLICANT Durmus Guden PARTIES : RESPONDENT The Council of the City of Sydney
FILE NUMBER(S) : 10418 of 2010
CORAM: Hussey C
KEY ISSUES: SUBDIVISION :- Subdivisionof existing dual occupancy development; inconsistent with area and subdivision pattern; precedent; Building Code of Australia.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: South Sydney Local Environmental Plan 1998 South Sydney Develolpment Control Plan 1997 – Urban Design
CASES CITED: Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75 Brotherton v Sydney City Council [2004] NSWLEC 475
DATES OF HEARING: 6 September 2010
DATE OF JUDGMENT: 14 September 2010
APPLICANT Mr J Doyle (barrister) LEGAL REPRESENTATIVES: RESPONDENT Ms M Carpenter (barrister)
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
14 September 2010
10418 of 2010 Durmus Guden v Sydney City Council
JUDGMENT Background. 1 This appeal was lodged against council's refusal of a 2-lot subdivision of an existing dual occupancy development at 35 Rosebery Avenue, Rosebery. Development consent for the dual occupancy was granted in January 1997 on the basis of the retention of the existing front dwelling and erection of the new dwelling at the rear with a battleaxe lot type configuration. 2 The proposed subdivision comprises: Lot 12; the frontage lot containing the original dwelling and this lot is to have an area of 245 sq m. Lot 11; the rear battleaxe lot containing the new dwelling and having an area of 448.5 sq m and access via a 2.34 m right-of-way (ROW) along the southern boundary of the lot (Refer Attachment AA). 3 A number of issues were identified and are summarised as follows: - Suitability of battleaxe lot shape and area. - Dual occupancy subdivision not encouraged. - Fire safety. - Public interest
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