Event and Time
Event Description
The case involves an appeal against the refusal of Development Application DA/2021/0756 by Shixiong Ge for alterations and additions to an existing dwelling house at 23 Milton Street North, Ashfield. The appeal was made under section 8.7(1) of the Environmental Planning and Assessment Act 1979 after the Inner West Council denied the application following a public notification period during which no submissions were received.
Application and Claims
- Applicant: Shixiong Ge, seeking consent for:
1. Retention of a portion of the existing dwelling (front porch, entry, toilet, three bedrooms). 2. Demolition of the rear section and existing garage. 3. Construction of a rear addition (living area, kitchen, laundry, shower, toilet).
- Respondent: Inner West Council, arguing:
- The proposal does not meet the landscape area and private open space requirements of the Comprehensive Inner West Development Control Plan 2016 (CIWDCP 2016). - The application lacks adequate information for a proper assessment.
Judicial Decisions
- The Court dismissed the appeal.
- Development Application DA/2021/0756 was refused.
- The majority of exhibits were returned, except for Exhibit 6.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Claims:
- The CIWDCP 2016 controls do not apply to the development since it is not a heritage item or in a conservation area. - The landscaped area and private open space requirements should be excluded based on CIWDCP 2016 wording.
- Respondent's Arguments:
- The provisions of CIWDCP 2016 are applicable to all alterations and additions to dwellings. - Expert reports cited deficiencies in landscaping and private open space, leading to amenity impacts on adjacent properties.