Convenient Living v Marrickville Council [2008] NSWLEC 1283

Land and Environment Court of New South Wales

CITATION : Convenient Living v Marrickville Council [2008] NSWLEC 1283 This decision has been amended. Please see the end of the judgment for a list of the amendments.

Applicant: Convenient Living Pty Ltd PARTIES : Respondent: Marrickville Council

FILE NUMBER(S) : 10256 of 2008

CORAM: Roseth SC

KEY ISSUES: Development Application :- boarding house, affordable accommodation

DATES OF HEARING: 7 and 8 July 2008

DATE OF JUDGMENT: 11 July 2008

Applicant: LEGAL REPRESENTATIVES: T Hale, SC instructed by Mr D Thomas, solicitor of Wllings Lawyers Respondent: Mr M Wright, barrister instructed by Mr G Christmas, solicitor of Marrickville Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

11 July 2008

10256 of 2008 Convenient Living Pty Ltd v Marrickville Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the deemed refusal by Marrickville Council (the council) of a development application to demolish the existing building and erect a boarding house on lot 1 DP 1083914, known as 10 Wardell Street, Petersham.

The site 2 The site is on the eastern side of Wardell Road, between New Canterbury Road and Morgan Street. It has a frontage of 17.5m and an area of 537m2. A single-storey house now stands on the site. Adjoining to the north are two two-storey detached terrace houses, Nos 6 and 8. Adjoining to the south is No 12, a single-storey house built to the boundary. Adjoining the rear boundary are detached houses at 22 and 20 Allan Avenue. 3 Most of the nearby properties in the vicinity are detached houses of one or two storeys. The objectors and the council drew attention to most of them being either single-fronted and two-storey or double-fronted and single-storey. My observation is that this is true of the majority but not of all the properties.