Cougar Developments (NSW) Pty Ltd v Hurstville City Council [2015] NSWLEC 1008

Land and Environment Court New South Wales

Medium Neutral Citation: Cougar Developments (NSW) Pty Ltd v Hurstville City Council [2015] NSWLEC 1008 Hearing dates: 20-21 January 2015 Decision date: 23 January 2015 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: Development Application, shoptop housing, boarding house, business premises Legislation Cited: Hurstville Local Environmental Plan 2012; State Environmental Planning Policy No. 55 – Remediation of Land, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, State Environmental Planning Policy No 65 – Design Quality of Residential Flat Buildings, State Environmental Planning Policy – Affordable Rental Housing 2009 Cases Cited: Hrsto v Canterbury City Council (No 2) [2014] NSWLEC 121; Wehbe v Pittwater Council [2007] NSWLEC 827 Texts Cited: Development Control Plan No. 1 Hurstville LGA Wide Category: Principal judgment Parties: Cougar Developments (NSW) Pty Ltd (Applicant) Hurstville City Council (Respondent) Representation: Counsel: Mr J Thompson (Applicant) Mr P Rigg (Respondent)

Solicitors: Ritchie & Castellan Pty Ltd (Applicant) Hurstville City Council (Respondent) File Number(s): 10471 of 2014

Judgment 1. Cougar Developments (NSW) Pty Ltd lodged Development Application DA2013/0391 with Hurstville City Council on 27 November 2013 seeking consent to construct a commercial, retail, residential and boarding house development with associated parking at Nos 35-41A Penshurst Street, Penshurst. The council has refused consent and Cougar is appealing that decision.