Laneform Pty Ltd v Hurstville City Council [2013] NSWLEC 1203

Land and Environment Court New South Wales

Medium Neutral Citation: Laneform Pty Ltd v Hurstville City Council [2013] NSWLEC 1203 Hearing dates: 14 October 2013 Decision date: 24 October 2013 Jurisdiction: Class 1 Before: Brown C Decision: 1.The appeal is upheld. 2. DA No. 12/DA-349 for the construction of a mixed use building comprising basement car park, commercial tenancies and residential apartments at 556 Forest Road Penshurst is approved subject to the conditions in Annexure A. 3.The exhibits are returned with the exception of exhibits 2, A and G. Catchwords: DEVELOPMENT APPLICATION: construction of a part 2 and part 3 mixed use building comprising basement car park, commercial tenancies and residential apartments - detrimental impact on the streetscape and adjoining residential properties as a result of the breach of the height standard - poor residential amenity for some units Legislation Cited: Environmental Planning and Assessment Act 1979 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 Maygood Australia Pty Ltd v Willoughby City Council [2013] NSWLEC 142 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) NSWCA 289 Category: Principal judgment Parties: Laneform Pty Ltd (Applicant) Hurstville City Council (Respondent) Representation: Mr M Staunton, barrister (Applicant) Mr P Rigg, solicitor (Respondent) Solicitors Peter El Khouri (Applicant) Norton Rose Fulbright Australia (Respondent) File Number(s): 10474 of 2013 Publication restriction: No