Boliaris v Hurstville City Council [2014] NSWLEC 1096

Land and Environment Court New South Wales

Medium Neutral Citation: Boliaris v Hurstville City Council [2014] NSWLEC 1096 Decision date: 23 May 2014 Jurisdiction: Class 1 Before: Morris C Decision: See [58] Catchwords: Development Application: Boarding house, whether compatible with the character of the locality, amenity Legislation Cited: State Environmental Planning Policy - Affordable Rental Housing; Hurstville Local Environmental Plan 2012; Environmental Planning and Assessment Regulation 2000; Standard Instrument (Local Environmental Plans) Order 2006 Cases Cited: New Century Developments Pty Limited v Baulkham Hills Shire Council [2003] NSWLEC 154 Texts Cited: Hurstville Development Control Plan 1 Category: Principal judgment Parties: Angelo Boliaris (Applicant)

Hurstville City Council (Respondent) Representation: Mr A Pickles (Applicant) Mr G Christmas Apex Law (Applicant)

Mr P Rigg Norton Rose Fulbright Australia (Respondent) File Number(s): 10949 of 2014

Judgment 1Mr Boliaris lodged Development Application No DA2013/ 0267 with Hurstville City Council on 26 August 2013 seeking consent to demolish an existing dwelling house and associated outbuildings at No. 14 Cook Street, Mortdale and construct a boarding house. The council refused consent on 10 December and Mr Boliaris is appealing that decision. 2The issues in the case are whether the development is consistent with the character of the local area; will have an adverse impact on the amenity of adjoining property; the internal amenity is satisfactory and if the proposal complies with the council's planning controls.