Pearce Developments (Aust) Pty Ltd v Hurstville City Council [2014] NSWLEC 1269

Land and Environment Court New South Wales

Medium Neutral Citation: Pearce Developments (Aust) Pty Ltd v Hurstville City Council [2014] NSWLEC 1269 Hearing dates: 4 December 2014 Decision date: 10 December 2014 Jurisdiction: Class 1 Before: Morris C Decision: Directions made, see [39]. 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 Texts Cited: Hurstville LGA Wide Development Control Plan No 1; Residential Flat Design Code Category: Principal judgment Parties: Pearce Developments (Aust) Pty Ltd (Applicant)

Hurstville City Council (Respondent) Representation: Counsel: Mr R White (Applicant) Ms V McGrath (Respondent)

Solicitors: Gadens Lawyers (Applicant) Norton Rose Fulbright (Respondent) File Number(s): 10708 of 2014

Judgment 1. Pearce Constructions (Aust) P/L lodged development application D2014/0946 with Hurstville City Council seeking consent to demolish existing site improvements and construct a residential flat building containing 20 units with basement carparking at Nos 4, 6 and 8 Pearce Avenue, Peakhurst. Pearce lodged an appeal against the council's deemed refusal of the application and since that time the council has officially refused consent.

The site and its context 1. The site comprises three adjoining allotments that are located on the northeastern side of Pearce Avenue between Trafalgar Street and Peake Parade. Total frontage of the site is 57.407m and area is 1755.3sqm. The land falls from the south to the north towards a public reserve that is located to the rear and northern boundary of the site and soften the appearance of the development when viewed from the public domain. 2. Development in the vicinity of the site primarily comprises older style single storey detached dwelling houses however there are also newer two storey dwellings including one to the immediate south of the site, 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. 3. Single storey dwelling houses and associated outbuildings are located on each of the three allotments and all would be demolished to provide for the development. The site contains a number of large trees towards the rear and one large pine tree adjoining the proposed driveway entry to the site. The plans provide for the retention of a number of these trees and it was agreed during the hearing that the pine tree should also be retained to complement the existing street trees adjacent to the site.