Makki Holdings Pty Limited v Hurstville City Council [2015] NSWLEC 1153

Land and Environment Court New South Wales

Medium Neutral Citation: Makki Holdings Pty Limited v Hurstville City Council [2015] NSWLEC 1153 Hearing dates: 13 May, 2015 Decision date: 15 May 2015 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No. DA2014/0964 for a boarding house development at 402 King Georges Road, Beverly Hills, is approved, subject to the conditions of consent at Annexure A. 3. The exhibits, other than exhibits 1, A and E, are returned. Catchwords: DEVELOPMENT APPLICATION: boarding house including eight single boarding rooms; inadequate floor area of boarding house rooms. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Makki Holdings Pty Limited (Applicant) Hurstville City Council (Respondent) Representation: Counsel: Mr M. Seymour Barrister (Applicant) Ms J. Hewitt (Respondent)

Solicitor: Zahr & Zahr Lawyers (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s): 10109 of 2015

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. DA2014/0964 for a boarding house development (the proposal) at 402 King Georges Road, Beverly Hills (the site) by Hurstville City Council (the Council). 2. The appeal was not subject to a conciliation conference, at the request of the parties. 3. The proposal is amended and leave was granted by the Court at the commencement of the hearing for the applicant to rely on the amended proposal, on the basis agreed by the parties pursuant to s 97B of EPA Act.