Penrose v Inner West Council [2020] NSWLEC 1028

Land and Environment Court New South Wales

Medium Neutral Citation: Penrose v Inner West Council [2020] NSWLEC 1028 Hearing dates: 26 November 2019 Date of orders: 21 January 2020 Decision date: 21 January 2020 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application D201900054 for demolition, ground and first floor additions to the dwelling house at 23 Thompson Street, Marrickville (Lot 3 DP 101200) subject to the conditions in Annexure A. (3) The Exhibits are returned with the exception of Exhibits 1, A and B. Catchwords: DEVELOPMENT APPLICATION – first floor alterations and additions – whether the bulk, scale and setbacks are appropriate – period development controls – consideration of neighbours' objections – appeal upheld Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004Marrickville Local Environmental Plan 2011 Cases Cited: Stockland Development Pty Ltd v Manly Council (2004) 136 LGERA 254; [2004] NSWLEC 472 Veloshin v Randwick Council [2007] NSWLEC 428 Project Venture Developments v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Texts Cited: Marrickville Development Control Plan 2011 Category: Principal judgment Parties: Geoff Penrose (First Applicant) Claire Penrose (Second Applicant) Inner West Council (Respondent) Representation: Counsel: G Penrose (Litigant in person) (First Applicant) M Bonanno (Solicitor) (Respondent)