Scotcon Builder and Developer v Hurstville City Council [2004] NSWLEC 424

Land and Environment Court of New South Wales

CITATION : Scotcon Builder and Developer v Hurstville City Council [2004] NSWLEC 424 APPLICANT Scotcon Builder and Developer PARTIES : RESPONDENT Hurstville City Council FILE NUMBER(S) : 10244 of 2004 CORAM: Hussey C KEY ISSUES: Development Application :- Multi unit housing - character/mews development - building height - integration with park - solar amenity - public interest LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Hurstville Local Environmental Plan 1994 CASES CITED: DATES OF HEARING: 21/07/2004 DATE OF JUDGMENT: 08/06/2004

APPLICANT Mr J Cole, solicitor SOLICITORS Abbott Tout

LEGAL REPRESENTATIVES: RESPONDENT Mr G Griffiths, solicitor SOLICITORS Pike Pike & Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

6 August 2004

10244 of 2004 Scotcon Builder and Developer v Hurstville City Council

JUDGMENT Background 1 This matter involves an appeal against council's refusal of a development application for the demolition of an existing dwelling and construction of a multiple dwelling development comprising 3 detached dwellings, with strata subdivision, at 15 Ogilvy Street, Peakhurst.

2 For the appeal, a number of issues were initially identified, but following conferencing by the respective experts, the remaining issues generally concern the appropriateness of the design for the site, its bulk and scale, streetscape impact, compliance with the development controls and impact on neighbouring properties.