Proctor M & Anor v Marrickville Council [2007] NSWLEC 453

Land and Environment Court of New South Wales

CITATION : Proctor M & Anor v Marrickville Council [2007] NSWLEC 453

APPLICANT: PARTIES : Mark & Marisa Proctor RESPONDENT: Marrickville Council

FILE NUMBER(S) : 10356 of 2007

CORAM: Watts C at 1

Development Application :- Alterations and additions to dwelling KEY ISSUES: Visual impact and Privacy of neighbours

Marrickville Local Environmental Plan, (MLEP) LEGISLATION CITED: Marrickville Development Control Plan No 35 – Controls for New Houses and Alterations and Additions to Existing Houses, (DCP35) Environmental Planning and Assessment Act 1979, ss 79C and 97.

DATES OF HEARING: 17/07/2007

EX TEMPORE JUDGMENT DATE : 17 July 2007

APPLICANT: Mr A P Gough, solicitor SOLICITORS: LEGAL REPRESENTATIVES: Storey and Gough RESPONDENT: Mr G Christmas, Principal Solicitor SOLICITORS: Marrickville Council

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Watts C

17 July 2007

10356 of 2007 - Mark & Marisa Proctor v Marrickville Council

JUDGMENT

1 This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 against the decision of the Marrickville Council (the council) to apply certain conditions to a development consent in respect of a proposal to alter and add to an existing dwelling house at Lot A, DP 315543, being No 6 Fishers Reserve, Petersham. 2 The applicant has appealed against deferred commencement Conditions 1 and 3. 1. The first floor addition being reduced by one (1) metre in length to provide a first floor setback of one (1) metre to the ground floor rear (northern) elevation. Amended plans complying with this condition are to be submitted to and accepted by Council. Reason: To confirm the terms of Council's approval and reduce the visual bulk of the proposed addition.