SADA International Pty Ltd v Hurstville Council [2012] NSWLEC 1246

Land and Environment Court New South Wales

Medium Neutral Citation: SADA International Pty Ltd v Hurstville Council [2012] NSWLEC 1246 Hearing dates: 27 August 2012 Decision date: 30 August 2012 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Development Application No 11/DA-430 for the demolition of the existing dwelling and construction of a new detached dual occupancy development is refused. 3. The exhibits, other than exhibits 4 and C, are returned. Catchwords: DEVELOPMENT APPLICATION: Demolition of existing dwelling, construction of dual occupancy detached dwellings, Torrens title subdivision, character and streetscape. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Zhang v Canterbury City Council (2001) 115 LGERA 373 Category: Principal judgment Parties: SADA International Pty Ltd (Applicant) Hurstville Council (Respondent) Representation: Mr Michael Mantei (Solicitor) (Applicant) Mr Stuart Simington (Solicitor) (Respondent) Solicitors Planning Law Solutions (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 10574 of 2012

Judgment 1COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 against the refusal of Development Application No. 11/DA-430 (the application) by Hurstville Council (the Council) to demolish the existing dwelling and construct two detached dual occupancy dwellings and carry out a Torrens title subdivision, at 35 Gungah Bay Road, Oatley (the site). 2The appeal was subject to mandatory conciliation on 27 August 2012, in accordance with the provisions of s 34AA of the Land and Environment Court Act 1979. As no agreement was reached during the conciliation phase, the conciliation conference was terminated pursuant to s 34AA(2)(b) and the proceedings dealt with forthwith pursuant to s 34AA(2)(b)(i).