Antipas v Hurstville City Council [2007] NSWLEC 674

Land and Environment Court of New South Wales

CITATION : Antipas v Hurstville City Council [2007] NSWLEC 674

APPLICANT Denis Antipas PARTIES : RESPONDENT Hurstville City Council

FILE NUMBER(S) : 10273 of 2007

CORAM: Bly C

KEY ISSUES: Development Application :- Adaptive reuse and subdivision of an existing gymnasium and squash court building for the purposes of mixed retail and serviced apartments, floor space ratio, conditions of consent, s.94 contributions, length of occupancy of apartments.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy No 1 - Development Standards Hurstville Local Environmental Plan 1994,

DATES OF HEARING: 21/08/2007, 5/09/2007 and 6/09/2007

DATE OF JUDGMENT: 17 October 2007

APPLICANT Dr S. Berverling, barrister

LEGAL REPRESENTATIVES: RESPONDENT Mr P. Rigg, solicitor of Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

17 October 2007

10273 of 2007 Denis Antipas v Hurstville City Council

JUDGMENT Introduction 1 This appeal relates to Development Application No 05/DA-122 which is for the adaptive reuse of an existing retail, gymnasium and squash court building for the purposes of mixed retail and serviced apartments at 43 – 47 Penshurst Street Penshurst. The existing car park for 21 cars and three retail premises at the lower ground floor level are to be retained. The remainder of the building is to be converted into 27 serviced apartments plus a caretaker's dwelling mainly over three levels plus a partial fourth level. Strata subdivision of the development is also proposed. The building will present as four storeys to Penshurst Street and due to the slope of the site, three storeys from the rear.