City Projects and Developments Pty Ltd v Hurstville City Council [2015] NSWLEC 1129

Land and Environment Court New South Wales

Medium Neutral Citation: City Projects and Developments Pty Ltd v Hurstville City Council [2015] NSWLEC 1129 Hearing dates: 27 April 2015 Decision date: 30 April 2015 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is upheld. 2. The development application (DA2014/0104) for the demolition of existing buildings and construction of a multi dwelling housing development with basement carparking at 1 Rostrov Street and 528 Forest Road, Penshurst, is approved subject to the conditions in Annexure "A". 3. The exhibits, except Exhibits 1, A, B and C, are returned. Catchwords: DEVELOPMENT APPLICATION: Contentions resolved. Issues raised by objectors Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Hurstville Local Environmental Plan 2012 Category: Principal judgment Parties: City Projects and Developments Pty Ltd (Applicant)

Hurstville City Council (Respondent) Representation: Solicitors: Mr P Vergotis of TressCox Lawyers (Applicant) Ms J Hewitt of HWL Ebsworth Lawyers (Respondent) File Number(s): 10601 of 2014

JUDGMENT 1. This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal by Hurstville City Council (council) of a development application (DA2014/0104) for the demolition of existing buildings and construction of a multi dwelling housing development with basement carparking at 1 Rostrov Street and 528 Forest Road, Penshurst (site). 2. The contentions raised by council have been resolved through amended plans, conditions and the agreement of the experts. The matters raised by objectors (Contention 5) remain as a contention in the proceedings but were not supported by expert evidence or the submissions of council.