Cuzeno v Hurstville City Council [2005] NSWLEC 189

Land and Environment Court of New South Wales

CITATION : Cuzeno v Hurstville City Council [2005] NSWLEC 189

Applicant: Cuzeno Pty Ltd PARTIES : Respondent: Hurstville City Council

FILE NUMBER(S) : 11539 of 2004

CORAM: Roseth SC

KEY ISSUES: Development Application - Development Control Plan - Development Standards :-

DATES OF HEARING: 12/04/2005

DATE OF JUDGMENT: 04/22/2005

Applicant: Mr M Ball

LEGAL REPRESENTATIVES:

Respondent: Mr P Rigg, solicitor of Deacons Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

22 April 2005

11539 of 2004 Cuzeno Pty Ltd v Hurstville City Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by Hurstville Council (the council) of a development application to demolish the existing buildings and erect a residential/commercial development on lots 1, 2, 3, 4 and 5 DP 19301, lot 134 DP 12807 and lot 2 DP 13146, known as 166-178 Stoney Creek Road, Beverly Hills.

The site 2 The site is near the corner of Stoney Creek Road and King Georges Road. It has an area of 3,124m2 and frontages to Stoney Creek Road and Lee Avenue. It now accommodates two single-storey retail buildings and a large vacant area formerly used as a service station. 3 To the south, across Stoney Creek Road, is the Beverly Hills Public School. To the north are residential properties on Lee Avenue and Beresford Avenue. To the west and northwest is the Beverly Hills commercial precinct.