Lumb v Hurstville City Council [2013] NSWLEC 1071

Land and Environment Court New South Wales

Medium Neutral Citation: Lumb v Hurstville City Council [2013] NSWLEC 1071 Hearing dates: 15, 16 April 2013 Decision date: 24 April 2013 Jurisdiction: Class 1 Before: Hussey C Decision: 1) The appeal is dismissed. 2) Development consent to DA 11/GA - 370 for the construction of a detached dual occupancy and Torrens title subdivision at Lot 35 DP 5510, No 26 Llewellyn Street, Oatley is refused. 3) The exhibits may be returned except for 2, A, D and E. Catchwords: Development application: Dual occupancy, permissibility, site density, streetscape, desired future character, drainage Legislation Cited: Hurstville Development Control Plan No 1 Hurstville Local Environmental Plan 1994 Hurstville Local Environmental Plan 2012 State Environmental Planning Policy No 1 Cases Cited: Blackmore Design Group Pty Ltd v North Sydney Council [2001] NSWLEC 279 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) NSWCA 289 Category: Principal judgment Parties: Ms Sharon Marie Lumb (Applicant)

Hurstville City Council (Respondent) Representation: Counsel Mr T To (Applicant) Solicitors Mr A Seton, Marsdens Law Group (Respondent)

Brock Partners (Applicant) File Number(s): 10065 of 2013

Judgment

Background 1This appeal is against council's refusal of a development application for a dual occupancy development and Torrens title subdivision at 26 Llewellyn Street, Oatley. 2The following contentions were identified for the appeal: * Site density * Permissibility of dual occupancy development on the subject site * Merit considerations concerning building height, front and rear setbacks and building separation * Drainage in terms of management of overland flows * Precedent * Adequacy of information 3The determination of this matter proceeded by way of a s 34AA conference. The matter commenced on-site with a view and hearing of oral evidence from the residents. Following this, conferencing was undertaken by the parties, particularly the engineers regarding the drainage issue. However as the council representatives did not have any delegation for agreement, the s 34 conference was terminated and the matter proceeded to determination.