Jok On Lee v Hurstville Council [2015] NSWLEC 1126

Land and Environment Court New South Wales

Medium Neutral Citation: Jok On Lee v Hurstville Council [2015] NSWLEC 1126 Hearing dates: 28 April, 2015 Decision date: 29 April 2015 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No. 2014/0129 for demolition of existing structures and construction of a multi-dwelling development of five dwellings and strata subdivision, at 48 Johnstone Street, Peakhurst, is approved, subject to the conditions of consent at Annexure A. 3. The exhibits, other than exhibit A, are returned. Catchwords: DEVELOPMENT APPLICATION: multi-dwelling development and strata subdivision; no contentions raised by Council. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Jok On Lee, Pui Man Hui, Kam Biu Chan (Applicant) Hurstville Council (Respondent) Representation: Counsel: Mr D. Tyrell (Applicant) Mr C. Campbell (Respondent)

Solicitors: McKee Legal Solutions (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 10131 of 2015

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 against the refusal of Development Application No. 2014/0129 for the demolition of existing structures and construction of a multi-dwelling development of five dwellings and strata subdivision (the proposal) at 48 Johnstone Street, Peakhurst (the site) by Hurstville Council (the Council).