Blanke & Anor v Marrickville Council [2014] NSWLEC 1135

Land and Environment Court New South Wales

Medium Neutral Citation: Blanke & Anor v Marrickville Council [2014] NSWLEC 1135 Hearing dates: 26 June 2014 Decision date: 02 July 2014 Jurisdiction: Class 1 Before: Morris C Decision: See [27] - [28] Catchwords: Modification: form dormer window should take Legislation Cited: Environmental Planning and Assessment Act 1979; Marrickville Local Environmental Plan 2011; Land and Environment Court Act 1979 Texts Cited: Marrickville Development Control Plan 2012 Category: Principal judgment Parties: Jacqui Blanke Manuela Koehler (Applicants)

Marrickville Council (Respondent) Representation: Mr D Briggs, DG Briggs and Associates (Applicant)

Mr J Strati Marrickville Council (Respondent) File Number(s): 10282 of 2014

Judgment 1Marrickville Council granted consent to Development Application DA201200284.02 on 13 March 2013 (the consent) authorising the installation of a dormer window on the front roof plane of a dwelling house to service the attic room at 62 Garners Avenue, Marrickville. The owners of the property subsequently lodged an application to modify that consent and proposed a larger and different style of window. The council refused that application and the applicants are appealing that decision.

The site and its context 2The site is located on the north western side of Garners Avenue between Sydenham and Marrickville Roads, has a frontage of 4.19m, depth of 28.885m and area of approximately 125sqm. 3The existing improvements on site include a 2 storey plus attic dwelling house, which is one of a set of three attached dwellings, built in accordance with a consent issued by the council in 2008. Each dwelling is located on separate Torrens Title allotments, the site being legally described as Lot 3 in DP 1151033. 4Development in the vicinity of the site comprises a mix of single and two storey dwelling houses including terrace housing and detached housing. A commercial precinct is located to the south and an associated carpark is located adjacent to the southern end dwelling of the set.