NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Goreski v Hurstville City Council (No. 2) [2012] NSWLEC 1026 Hearing dates: 3 February 2012 Decision date: 09 February 2012 Jurisdiction: Class 1 Before: Brown ASC Decision: 1. The appeal is upheld. 2. Development Application 09/DA-228 for the demolition of an existing dwelling and the construction of a dual occupancy development and Torrens Title subdivision at 165 Carrington Avenue Hurstville is approved subject to the conditions in Annexure "A". Catchwords: DEVELOPMENT APPLICATION: demolition of existing structures and construction of a dual occupancy development - remitted to consider error of law - whether minimum allotment size objective satisfied and consequently, whether objection under SEPP 1 well founded. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning No 1 Cases Cited: Dem Gillespies v Warringah Council [2002] NSWLEC 224 Goreski v Hurstville City Council [2010] NSWLEC 1288) Hurstville City Council v Goreski [2011] NSWLEC 188 Marina Bay Developments Pty Ltd v Pittwater Council [2007] NSWLEC 42 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Veloshin v Randwick Council [2007] NSWLEC 428 Category: Principal judgment Parties: Paul and Valentina Goreski (Applicants)
Hurstville City Council (Respondent) Representation: Mr M Staunton, barrister (Applicants)
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