Fobitu Pty Limited v Marrickville Council [2012] NSWLEC 1251

Land and Environment Court New South Wales

Medium Neutral Citation: Fobitu Pty Limited v Marrickville Council [2012] NSWLEC 1251 Hearing dates: 22,23 August 2012 Decision date: 06 September 2012 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is dismissed. 2. Development Application DA 2010000022 for the redevelopment of 34 and 36 Pigott Street and 174 Denison Road, Dulwich Hill for affordable rental accommodation is refused. 3. The exhibits are returned with the exception of exhibit 1. Catchwords: DEVELOPMENT APPLICATION: consolidation of lots - demolition of two existing dwellings - erection of three-storey residential flat building - alterations and additions and reconfiguration of existing heritage item - use of some dwellings for affordable rental accommodation - strata subdivision - whether prohibited due to non-compliance with walking distance to bus stop - whether breach of 8.5 m height limit acceptable - whether compatible with character of local area - whether proposed development has adequate solar access Legislation Cited: Environmental Planning and Assessment Act 1979 Marrickville Local Environmental Plan 2001 Marrickville Local Environmental Plan 2011 Passenger Transport Act 1990 Passenger Transport Regulation 2007 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No.1 State Environmental Planning Policy No. 65 Cases Cited: Peninsula Developments Australia Pty Ltd v Pittwater Council [2011] NSWLEC 1244 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 The Benevolent Society v Waverley Council [2010] NSWLEC 1082 Category: Principal judgment Parties: Fobitu Pty Limited (Applicant) Marrickville Council (Respondent) Representation: Counsel Mr A Gallaso SC with Mr C Norton, barrister (Applicant) Mr I Hemmings, barrister (Respondent) Solicitors Sattler & Associates (Applicant) Marrickville Council (Respondent) File Number(s): 10872 of 2011