Achi Constructions Pty Limited v Hurstville City Council [2014] NSWLEC 1216

Land and Environment Court New South Wales

Medium Neutral Citation: Achi Constructions Pty Limited v Hurstville City Council [2014] NSWLEC 1216 Hearing dates: 23 October 2014 Decision date: 23 October 2014 Jurisdiction: Class 1 Before: Brown C Decision: 1.The appeal is upheld. 2. Development Application DA2013/0408 for the demolition of existing structures and construction of a three storey residential flat building comprising 21 units and basement car parking and strata subdivision at 71-75 Lawrence Street, Peakhurst, is approved subject to the conditions in Annexure A. 3. The exhibits, other than exhibits 1, 6, A and B are returned. Catchwords: DEVELOPMENT APPLICATION: demolition of existing structures and construction of a three storey residential flat building comprising 21 residential units with basement car parking and strata subdivision - amended plans address council contentions Legislation Cited: Environmental Planning and Assessment Act 1979 Hurstville Local Environmental Plan 2012 State Environmental Planning Policy No 65 Category: Principal judgment Parties: Achi Constructions Pty Limited (Applicant) Hurstville City Council (Respondent) Representation: Mr M Staunton, barrister (Applicant) Mr P Rigg, barrister (Respondent) Gadens Lawyers (Applicant) Hurstville City Council (Respondent) File Number(s): 10432 of 2014

Judgment 1COMMISSIONER: This is an appeal against the refusal by Hurstville City Council of DA2013/0408 for the demolition of existing structures and construction of a three storey residential flat building comprising 21 residential units with basement car parking and strata subdivision at 71-75 Lawrence Street, Peakhurst (the site). 2The contentions identified in the Council's Statement of Facts and Contentions were insufficient information (Contention 1), inconsistency with State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development (SEPP 65) and the Residential Flat Design Code (RFDC) (Contention 2), inconsistencies with Hurstville Local Environmental Plan 2012 (the LEP) that would produce unacceptable streetscape, height, bulk, scale and amenity impacts (Contention 3), inconsistencies with Hurstville Development Control Plan No 1 - LGA Wide (DCP) that would produce unacceptable solar access, streetscape, height and form (Contention 4) and precedent and not in the public interest (Contention 5).