Triple 8 Property Group Pty Ltd v Hurstville City Council [2014] NSWLEC 1267

Land and Environment Court New South Wales

Medium Neutral Citation: Triple 8 Property Group Pty Ltd v Hurstville City Council [2014] NSWLEC 1267 Hearing dates: 15 December 2014 Decision date: 16 December 2014 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: Development Application, residential flat building, contentions resolved through submission of amended plans. 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: Triple 8 Property Group Pty Ltd (Applicant)

Hurstville City Council (Respondent) Representation: Counsel: Mr P Clay SC (Applicant)

Solicitors: McLaren Lawyers (Applicant)

Ms V McGrath Norton Rose Fulbright Lawyers (Respondent) File Number(s): 10594 of 2014

Judgment 1. Triple 8 Property Group Pty Limited lodged Development Application DA2013/0374 with Hurstville City Council on 13 November 2013 seeking consent to demolish existing dwelling houses at 33-35 Trafalgar Street, Peakhurst and construct a residential flat building. The council refused consent and Triple 8 is appealing that decision. 2. The applicant has prepared amended plans that address the council's contentions however, the council still opposes the grant of consent.

The site and its context 1. The site comprises two adjoining allotments, Lots 138 and 139 DP 36317 known as Nos 33 and 35 Trafalgar Street, Peakhurst. The lots are regularly shaped and have a combined frontage of 35.35m and site area of 1290sqm. The site has an approximate fall of 7m from rear to the street. Two dwelling houses stand on the site with a number of trees towards the rear of the property that would be retained should consent be granted. Peakhurst Park, a large district park, is located immediately opposite the site. 2. Development in the vicinity of the site comprises a mix of older style single storey dwelling house and newer two storey dwellings and dual occupancy developments. A number of residential flat buildings are under construction following the up zoning of the area in late 2012 to permit that form of development.