Fernhill Property Group Pty Ltd & Anor v Kogarah Municipal Council [2006] NSWLEC 299

Land and Environment Court of New South Wales

CITATION : Fernhill Property Group Pty Ltd & Anor v Kogarah Municipal Council [2006] NSWLEC 299

APPLICANT Fernhill Property Group Pty Ltd & Anor PARTIES : RESPONDENT Kogarah Muinicipal Council

FILE NUMBER(S) : 11534 of 2005

CORAM: Bly C

KEY ISSUES: Development Application :- Eight storey mixed commercial/residential development, strata subdivision, building height, floor space ratio, amenity impacts and streetscape

Kogarah Local Environmental Plan 1998 LEGISLATION CITED: Development Control Plan No. 17 - Hurstville Town Centre Development Control Plan State Environmental Planning Policy No. 65 - Design Quality of Residential Flat Development Greater Metropolitan Regional Environmental Plan No. 2 - Georges River Catchment.

DATES OF HEARING: 27/04/2006 and 28/04/2006

EX TEMPORE JUDGMENT DATE : 04/28/2006

APPLICANT Mr S Kondilios, solicitor SOLICITORS Maddocks LEGAL REPRESENTATIVES: RESPONDENT Mr A Seton, solicitor SOLICITORS Mardens Law Group

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

28 April 2005

11534 of 2005 Fernhill Property Group Pty Ltd & Anor. v Kogarah Municipal Council

JUDGMENT This decision was given extemporaneously and has been revised and edited prior to publication 1 This appeal relates to Development Application No. 330/05 which is for the demolition of an existing building and construction of an eight storey mixed commercial/residential development including strata subdivision at 578 - 580 Railway Parade, Hurstville. More particularly the development is to comprise 18 dwellings, 879 sq m of commercial floor space and 45 car parking spaces in two basements.