FM Holdings Pty Limited v Hurstville City Council [2014] NSWLEC 1061

Land and Environment Court New South Wales

Medium Neutral Citation: FM Holdings Pty Limited v Hurstville City Council [2014] NSWLEC 1061 Hearing dates: 3-4 April 2014 Decision date: 08 April 2014 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: Residential flat building: height, bulk and scale, compliance with planning controls, impact on adjoining properties and road network, area undergoing transition from low to higher density residential development Legislation Cited: Land and Environment Court Act 1979; Hurstville Local Environmental Plan 2012; State Environmental Planning Policy No 65 - Design Quality of Residential Flat Buildings; Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment; State Environmental Planning Policy No 55 - Remediation of Land; State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004; Environmental Planning and Assessment Act 1979 Texts Cited: Development Control Plan 1 - Hurstville LGA Wide; Residential Flat Design Code Category: Principal judgment Parties: FM Holdings Pty Limited (Applicant)

Hurstville City Council (Respondent) Representation: Mr M Staunton (Applicant) Ms A Cowper Gadens Lawyers (Applicant)

Mr S Simington Lindsay Taylor Lawyers (Respondent) File Number(s): 10952 of 2013

Judgment 1FM Holdings Pty Limited (FM) lodged Development Application DA2013/0316 with Hurstville City Council on 30 September 2013 seeking consent to construct a residential flat building at 50-52 Lawrence Street, Peakhurst. Consent was refused on 20 December 2013 and FM is appealing that decision. 2The issues in the case are the bulk, scale, height and setback of the proposed building. The plans now before the Court vary significantly from those refused by the council.