Urban Link Pty Limited v Hurstville City Council [2014] NSWLEC 1263

Land and Environment Court New South Wales

Medium Neutral Citation: Urban Link Pty Limited v Hurstville City Council [2014] NSWLEC 1263 Hearing dates: 9 December 2014 Decision date: 22 December 2014 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: Development Application: residential flat building Legislation Cited: Hurstville Local Environmental Plan 2012; State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development; Environmental Planning and Assessment Act 1979 Texts Cited: Hurstville LGA Wide Development Control Plan No 1; Residential Flat Design Code Category: Principal judgment Parties: Urban Link Pty Limited (Applicant) Hurstville City Council (Respondent) Representation: Mr M Staunton (Applicant) Ms J Wauchope Gadens Lawyers (Applicant)

Ms J Hewitt HWL Ebsworth Lawyers File Number(s): 10568 of 2014

Judgment 1Urban Link Pty Limited lodged Development Application DA2014/0106 with Hurstville City Council on 13 February 2014 seeking consent to construct a residential flat building at Nos38-40 Lawrence Street, Peakhurst. The council had not determined the application within the prescribed period and Urban Link lodged an appeal against the deemed refusal of the application. 2The contentions in the case have been addressed through the preparation of amended plans and the Court had granted leave to the applicant to rely on those plans on 2 December 2014. Other than conditions relating to drainage issues, the council did not press any of the contentions raised in the Statement of Facts and Contentions filed on 29 September 2014.