Antonakopoulus & Anor v Hurstville City Council [2013] NSWLEC 1216

Land and Environment Court New South Wales

Medium Neutral Citation: Antonakopoulus & Anor v Hurstville City Council [2013] NSWLEC 1216 Hearing dates: 6-7 August, 4 September 2013 Decision date: 13 October 2013 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is upheld. 2. The development application for alterations and additions to an existing residential flat building at 44 Melvin Street, Beverly Hills, with a new first floor and mezzanine in the roof space, associated parking and landscaping with five (units 2-6) of the six multiple dwellings to be used as affordable housing, is approved subject to the conditions in Annexure A. 3. The exhibits, except Exhibit 10, are returned. 4. Pursuant to s 97B of the applicant is to pay those costs of the council that are thrown away as a result of amending the development application on 6 August 2013, as agreed or assessed. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to existing residential flat building. Applicability of State Environmental Planning Policy (Affordable Rental Housing). Adequacy of rear setback and parking and privacy impacts. Consistency with the DCP and desired future character. Legislation Cited: Environmental Planning and Assessment Act 1979 Housing Act 2001 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No. 10 - Retention of Low Cost Rental Accommodation Hurstville Local Environmental Plan 1994 Hurstville Local Environmental Plan 2012 Cases Cited: Amalgamated Holdings Ltd v North Sydney [2012] NSWLEC 138 Central Coast Care v Wyong Shire Council (2003) 124 LGERA 320 Futurespace Pty Ltd v Ku-ring-gai Council [2009] NSWLEC 153 Newbury District Council v the Secretary of State for the Environment (1981) AC 578 Category: Principal judgment Parties: Charalampos Antonakopoulus Jenny Antonakopoulus (Applicants)