Triple 8 Development Group Pty Limited v Hurstville City Council [2014] NSWLEC 1242

Land and Environment Court New South Wales

Medium Neutral Citation: Triple 8 Development Group Pty Limited v Hurstville City Council [2014] NSWLEC 1242 Hearing dates: 24 November 2014 Decision date: 26 November 2014 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: Development application, residential flat building; amended plans address contentions. Legislation Cited: State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development, Hurstville Local Environmental Plan 2012, Land and Environment Court Act 1979, Environmental Planning and Assessment Act 1979 Texts Cited: Residential Flat Design Code, Hurstville Development Control Plan No. 1 - LGA Wide Category: Principal judgment Parties: Triple 8 Development Group Pty Limited (Applicant) Hurstville City Council (Respondent) Representation: Mr P Clay SC (Applicant) Ms J Diep Maclarens Lawyers (Applicant)

Ms J McGrath Norton Rose Fulbright (Respondent) File Number(s): 10593 of 2014

Judgment 1Triple 8 Development Group Pty Ltd sought development consent from Hurstville City Council to construct a residential flat building containing 13 units at Peakhurst. The council refused consent and Triple 8 is appealing that decision. 2As a result of the joint reporting process, the applicant has prepared amended plans and those plans resolve the contentions in the case.

The site and its context 3The site comprises two adjoining allotments known as Nos 51 and 53 Trafalgar Street, Peakhurst and is located on the southern side of that street, opposite Peakhurst Park, a large recreation area used for sporting fields and play areas as well as passive recreation. 4The site has a combined frontage of 31.7m, area of 1159.7sqm and falls from its rear to the street. A public pedestrian path immediately adjoins to the site's eastern boundary and provides access from Gover Street to Trafalgar Street. 5Development in the vicinity of the site primarily comprises older style single storey detached dwelling houses however there are also newer two storey dwellings, dual occupancy developments and multiunit housing (aged). The area is undergoing a transition from detached housing to higher density development following its rezoning in late 2012.