32 The Avenue Hurstville Pty Ltd ATF 32 THE AVENUE HURSTVILLE TRUST v GEORGES RIVER COUNCIL [2023] NSWLEC 1125

Land and Environment Court New South Wales

Medium Neutral Citation: 32 The Avenue Hurstville Pty Ltd ATF 32 THE AVENUE HURSTVILLE TRUST v GEORGES RIVER COUNCIL [2023] NSWLEC 1125 Hearing dates: Hearing on 31 October and 1 November 2022 Date of orders: 24 March 2023 Decision date: 24 March 2023 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court orders: (1) The Applicant's Written Request prepared under clause 4.6 of the Hurstville Local Environmental Plan 2012, seeking variation of the development standard for height under clause 4.3 of the Hurstville Local Environmental Plan 2012, is upheld. (2) The appeal is upheld. (3) Development Application No. DA 2021/0399 for demolition of existing structures, amalgamation of two existing lots, and construction of a four-storey mixed use building containing ground floor non-residential floor space and a residential flat building containing 23 units (3 x 1 bed, 9 x 2 bed, 11 x 3 bed), basement car parking for 31 cars and associated landscaping at 30 and 32 The Avenue, Hurstville is approved subject to the conditions in Amended Annexure A. (4) All exhibits are returned, except Exhibit A. Catchwords: Development Consent: mixed-use development –siting of development – solar access – vehicular access – waste management Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.15, 8.7 Environmental Planning and Assessment Regulation 2000, cl 50, Sch 1 Georges River Local Environmental Plan 2021, cll 1.8A, 4.4B, 6.10, 6.11, 6.13 Hurstville Local Environmental Plan 2012, cll 2.3, 2.7, 4.3, 4.4, 4.6, 6.6, 6.7, 6.9 Land and Environment Court Act 1979, ss 34, 39 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 11 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cl 30, Ch 4 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.4, Ch 2 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Level 1 Construction Pty Ltd v Canterbury- Bankstown Council [2021] NSWLEC 1405 Texts Cited: NSW Planning & Environment, Apartment Design Guide Hurstville Development Control Plan No. 2- Amendment No. 12 Category: Principal judgment Parties: 32 The Avenue Hurstville Pty Ltd ATF 32 THE AVENUE HURSTVILLE TRUST (Applicant) GEORGES RIVER COUNCIL (Respondent) Representation: Counsel: L Nurpuri (Applicant) J Fan (Solicitor) (Respondent)