Illawarra Catholic Club Limited v Hurstville City Council [2012] NSWLEC 1182

Land and Environment Court New South Wales

Medium Neutral Citation: Illawarra Catholic Club Limited v Hurstville City Council [2012] NSWLEC 1182 Hearing dates: 29 May 2012 Decision date: 09 July 2012 Jurisdiction: Class 1 Before: Hussey C Decision: Appeal allowed Catchwords: DEVELOPMENT APPEAL - parking provisions for a health club in the city centre Legislation Cited: Hurstville Local Environmental Plan 1994 Hurstville Development Control Plan No2 Category: Principal judgment Parties: Illawarra Catholic Club Limited (Applicant) Hurstville City Council (Respondent) Representation: Mr G Newport (Applicant) Solicitors Mr P Rigg (Respondent) Norton Rose Australia File Number(s): 10231 of 2012

Judgment 1This appeal was lodged against conditions of consent requiring the provision 61 car parking spaces imposed on a development application for the change in use and fit-out of an existing building for a health club/gymnasium located at 8 Crofts Avenue, Hurstville. 2The proposed health club use is to occupy four levels of the existing building comprising Levels 1, 2, 3 and 5. A shared pedestrian entry and lift access is provided from the ground floor to all levels including the roof (Level 5). 3The proposal is described as comprising a fit-out for the following: * Ground Floor: Pedestrian entry, disabled ramp, lift access and stair access. Vehicle entry and parking for 12 cars. * Level 1: Separate male and female change room, locker facilities, toilets and showers. Three offices, reception area, disabled toilet locker area and shower, 3 storerooms, plant room, seating area and 58.125 sq m space assigned for 24 cardio machines. * Level 2: A staff room, male and female toilets, a 157.65 sq m cardio area and 202.59 sq m group exercise area. * Level 3: A storeroom, male and female toilets, a health assessment area, a 81.54 sq m cycle training room and a 496.86 sq m weight training area. * Level 5: A 32.92 sq m weights area and an external 112.29 sq m roof terrace. 4The gymnasium usage is to employ 10 full time staff and several part time and casual staff. Staff members are to include both full time and part time reception staff, full time personal trainers, casual group exercise teachers and full time membership consultants. 5The hours of operation are proposed to be: Monday 5.30am to 10.00pm Tuesday 5.30am to 10.00pm Wednesday 5.30am to 10.00pm Thursday 5.30am to 9.00pm Friday 5.30am to 8.00pm Saturday 8.00am to 6.00pm Sunday 9.00am to 6.00pm 6Currently Levels 1, 2, 3 and 5 of the existing building are utilised predominately for office usage.