Karavelas v Hurstville City Council [2014] NSWLEC 1246

Land and Environment Court New South Wales

Medium Neutral Citation: Karavelas v Hurstville City Council [2014] NSWLEC 1246 Hearing dates: 20-21 November 2014 Decision date: 02 December 2014 Jurisdiction: Class 1 Before: Morris C Decision: Directions for amended plans and conditions Catchwords: Development application: residential flat building, contentions addressed through amended plans Legislation Cited: Environmental Planning and Assessment Act 1979; Hurstville Local Environmental Plan 2012; State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development; Texts Cited: Residential Flat Design Code Category: Principal judgment Parties: William Karavelas (Applicant)

Hurstville City Council (Respondent) Representation: Mr R White (Applicant) Ms A Cowper Gadens Lawyers (Applicant)

Ms V McGrath Norton Rose Fulbright File Number(s): 10644 of 2014 10645 of 2014

Judgment 1Mr Karavelas lodged separate development applications proposing the construction of residential flat buildings on two adjoining sites in Peake Parade, Peakhurst. As Hurstville City Council had not determined the applications within the prescribed period, Mr Karavelas is appealing the deemed refusal of those applications. 2Development Application 2014/0932 sought consent to demolish existing buildings and construct a three storey residential flat building comprising four x 1 bedroom units, six x 2 bedroom units and two x 3 bedroom units with basement car parking for seventeen cars and rooftop common open space at Nos. 2-4 Peake Parade (Matter No. 10644 of 2014). 3Development Application 2104/0151 proposed a similar development at Nos. 6-8 Peake Parade (Matter No 10645 of 2014). 4At a Case Management held on 10 November 2014, the parties agreed that the matters be heard together. At the hearing, it was agreed that evidence in one would be taken as evidence in the other matter.