John Griffin v Hurstville City Council [2003] NSWLEC 299

> Land and Environment Court of New South Wales

CITATION : John Griffin v Hurstville City Council [2003] NSWLEC 299 Applicant John Griffin PARTIES : Respondent Hurstville City Council FILE NUMBER(S) : 10850 of 2003 CORAM: Watts C KEY ISSUES: Appeal :- whether or not the order should be confirmed LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 121 Hurstville Local Environmental Plan 1994 (HLEP) CASES CITED: DATES OF HEARING: 14/11/03 - 17/11/03 EX TEMPORE JUDGMENT DATE : 11/17/2003

Applicant Mr D R Parry instructed by Mr D Simpson Dan Simpson & Associates LEGAL REPRESENTATIVES: Respondent Mr P R Rigg instructed by Deacons

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10850 of 2003

Watts C

17 November 2003 John Griffin Applicant v Hurstville City Council Respondent Judgment 1 This is an appeal [10850 of 2003] under s 121ZK of the Environmental Planning and Assessment Act 1979, against the Order No 15 issued by the Hurstville City Council (the council) under s 121B of the Act, requesting the applicant to comply with the development consent granted by the council in respect of Lots 1, 2 and 3, DP 3181, being No 53-55 Morts Road, Mortdale. This appeal was heard with Appeal No 10982 of 2003, which relates to the failure of the council to issue a building certificate for the same works. 2 The works that have been allegedly undertaken without consent and relate the completion of an approved mixed-use building with a metal deck roof instead of a tiled roof. 3 I visited the land in company with the parties on the first day of the proceedings. 4 I have concluded that that if the 'Colourbond' roof on the northwestern side of the proposal were covered by expanded metal coloured 'Windspray' or equal, the glare would be reduced to an acceptable level when viewed from the neighbouring properties. This would also result in the reduction of the heat load within the proposal. The adverse visual impact would be slight and the streetscape would remain largely unchanged. The land 5 The land is situated on the northwestern corner of the intersection of Morts Road and Station Street at the northern end of the Mortdale town centre, which comprises a mix of retail, commercial and residential uses on both sides of Morts Road. A recently completed mixed-use development of rendered masonry construction with a flat roof behind a parapet stands on the southwestern corner of the intersection. 6 The land is rectangular with a frontage to Morts Road of 18.58m and a depth along the Station Street alignment of 33.53m, and an area of about 623m2. 7 To the west, north and east is residential in character with a variety of built forms including single dwellings and three-storey residential flat buildings, mostly of brick construction with pitched tiled roofs.