Matthew Lam v Inner West Council [2017] NSWLEC 1332

Land and Environment Court New South Wales

Medium Neutral Citation: Matthew Lam v Inner West Council [2017] NSWLEC 1332 Hearing dates: 14 June 2017 Date of orders: 29 June 2017 Decision date: 29 June 2017 Jurisdiction: Class 1 Before: Smithson C Decision: 1. The appeal is dismissed. 2. Development Application DA201500616 for a two lot subdivision and two semi-detached dwellings at 119 Addison Road, Marrickville is refused. 3. The exhibits, except Exhibits 1 and A, are returned. Catchwords: DEVELOPMENT APPLICATION – bulk and scale; amenity impacts to neighbours; visual outlook for neighbours; overshadowing; infill design; architectural character; whether clause 4.6 required for FSR; neighbour opposition Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Marrickville Local Environmental Plan 2011 Category: Principal judgment Parties: Matthew Lam (Applicant) Inner West Council (Respondent) Representation: Solicitors:

Mr G McKee, McKees Legal Solutions (Applicant) Mr J Strati, Inner West Council (Respondent) File Number(s): 2016/344086 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (the Act) against the refusal of a development application by Inner West Council (the Council). The development comprises the subdivision of a site into two lots and the development of two semi-detached dwellings (the application) at 119 Addison Road, Marrickville (the site). 2. The key issue associated with the application is the impact the proposed development would have on neighbours and the character of the area. The Council also queried how the floor space ratio (FSR) should be calculated to determine FSR compliance.