215-231 Kingsgrove Road Pty Limited v Hurstville City Council [2008] NSWLEC 1408

Land and Environment Court of New South Wales

CITATION : 215-231 Kingsgrove Road Pty Limited v Hurstville City Council [2008] NSWLEC 1408

APPLICANT 215-231 Kingsgrove Road Pty Limited PARTIES : RESPONDENT Hurstville City Council

FILE NUMBER(S) : 10446 of 2008

CORAM: Bly C

KEY ISSUES: Development Application :- Construction of a five-level mixed use development including a supermarket, floor space ratio, vehicular access, traffic, parking and streetscape.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Land and Environment Court Act 1979 Hurstville Local Environmental Plan 1994 Hurstville Development Control Plan No 1

DATES OF HEARING: 01/10/2008 and 02/10/2008

EX TEMPORE JUDGMENT DATE : 2 October 2008

APPLICANT Mr P. Clay, barrister Instructed by Mr T. Breene LEGAL REPRESENTATIVES: RESPONDENT Mr P. Rigg, solicitor of Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

2 October 2008

10446 of 2008 215-231 Kingsgrove Road Pty Limited v Hurstville City Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 This appeal involves a development application for the demolition of existing buildings and the construction of a five-level mixed use development including a supermarket at 219-231 Kingsgrove Road, Kingsgrove. The site is located on the corner of Kingsgrove Road and Mashman Avenue and abuts the East Hills, Tempe railway line to the north and a pottery and tile works to the west, that site being known as the Fred Mashman site.