William Karavelas v Hurstville City Council [2015] NSWLEC 1095

Land and Environment Court New South Wales

Medium Neutral Citation: William Karavelas v Hurstville City Council [2015] NSWLEC 1095 Hearing dates: 12 February, 2015 Decision date: 13 April 2015 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No. 2013/0324 for the demolition of the existing dwelling and the construction of a 3 storey residential flat building consisting of 8 units, basement car parking and strata subdivision is approved, subject to the conditions of consent at Annexure 'A'. 3. The exhibits, other than exhibits 1, 5 and A, are returned. Catchwords: DEVELOPMENT APPLICATION: demolition of existing dwelling and construction of a residential flat building; amendments made to the proposal address Council's contentions; non-compliance with the height of buildings development standard. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: FM Holdings Pty Limited v Hurstville City Council [2014] NSWLEC 1061 Karavelas v Hurstville City Council [2014] NSWLEC 1195 Achi Constructions Pty Limited v Hurstville City Council [2014] NSWLEC 1213 Achi Constructions Pty Limited v Hurstville City Council [2014] NSWLEC 1216 Beliquantum Property Development Pty Limited v Hurstville City Council [2014] NSWLEC 1229 Design Workshop Australia Pty Limited v Hurstville City Council [2014] NSWLEC 1236 Triple 8 Development Group Pty Limited v Hurstville City Council [2014] NSWLEC 1242 Karavelas v Hurstville City Council [2014] NSWLEC 1246 Pearce Developments v Hurstville City Council [2014] NSWLEC 1269 Triple 8 Development Group Pty Limited v Hurstville City Council [2014] NSWLEC 1267 Triple 8 Development Group Pty Limited v Hurstville City Council [2014] NSWLEC 1263 Urban Link Pty Limited v Hurstville City Council [2014] NSWLEC 1242 Category: Principal judgment Parties: William Karavelas (Applicant) Hurstville City Council (Respondent) Representation: Counsel: Mr N. Eastman (Applicant) Ms P. Hudson (Respondent)