Zheng v Hurstville City Council [2014] NSWLEC 1030

Land and Environment Court New South Wales

Medium Neutral Citation: Zheng v Hurstville City Council [2014] NSWLEC 1030 Hearing dates: 29 November and 3 December 2013 Decision date: 25 February 2014 Jurisdiction: Class 1 Before: Hussey C Decision: The Court orders that: 1 The appeal is dismissed. 2 Development consent to DA No 2011/DA - 449 for the demolition of the existing dwelling and construction of 4 dwellings under the provisions of the SEPP (Affordable Rental Housing) at 4 Clarendon Road, Peakhurst is refused. 3 The exhibits may be returned except for 1, 3, 5, A and E. Catchwords: Development application: Affordable housing development, flood risk, character and amenity. Section 97B Costs. Legislation Cited: Environmental Planning and Assessment Act 1979 SEPP (Affordable Rental Housing) 2009 Seniors Living Policy - Urban Design Guidelines for Infill Development Hurstville Local Environmental Plan 1994 Hurstville Development Control Plan Cases Cited: Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Category: Principal judgment Parties: Xiao Ping Zheng (Applicant) Hurstville City Council (Respondent) Representation: Mr K Webber Wilshire Webb Staunton Beattie (Applicant) Mr M Cotton HWL Ebsworth (Respondent) File Number(s): 10162 of 2013

Judgment

Background 1This appeal is against council's refusal of a development application proposing four dwelling units under the provisions of the SEPP (Affordable Rental Housing) 2009. The site is located at 4 Clarendon Rd Peakhurst and it backs onto a watercourse that is liable to flooding. The contentions are summarised as following: * Flooding risk to people and property within the development. Also whether flooding impacts would be exacerbated on adjoining properties. * Character and amenity in terms of whether the proposal satisfies the zone objectives, the controls for frontage and parking and whether the design is compatible with the character of the area.