Bailey v Hurstville City Council [2006] NSWLEC 698

Land and Environment Court of New South Wales

CITATION : Bailey v Hurstville City Council [2006] NSWLEC 698

APPLICANT Colleen Kay Bailey PARTIES : RESPONDENT Hurstville City Council

FILE NUMBER(S) : 10482 of 2006

CORAM: Brown C

KEY ISSUES: Development Application :- erection of a second dwelling to create a detached dual occupancy development - number of storeys - external wall height - amount of cut - floor-to-ceiling heights

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Hurstville Local Environmental Plan 1994

CASES CITED: Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 ; Zhang v Canterbury City Council (2001) 115 LGERA 373

DATES OF HEARING: 3/11/06

DATE OF JUDGMENT: 11/09/2006

APPLICANT Ms D Holm, solicitor COLICITORS McKees Legal Solutions LEGAL REPRESENTATIVES: RESPONDENT Mr P Rigg, solicitor SOLICITORS Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

9 November 2006

10482 of 2006 Colleen Kay Bailey v Hurstville City Council

JUDGMENT 1 COMMISSIONER: This is appeal against the refusal by Hurstville City Council (the council) of DA 00718/2004 for the erection of a second dwelling to create a detached dual occupancy development at 21 Mavis Ave, Peakhurst (the site). The site 2 The site is Lot 97 in DP 15624. It is a corner site with a frontage of 15.24 metres to Mavis Ave and a frontage of 45.72 metres to Tournay St and a total site area of 696.49 square metres. There is a fall from the north east corner at the front of the site to the south west corner at the rear.