Golden Max Pty Limited v Hurstville City Council [2015] NSWLEC 1234

Land and Environment Court New South Wales

Medium Neutral Citation: Golden Max Pty Limited v Hurstville City Council [2015] NSWLEC 1234 Hearing dates: 11 June 2015 Date of orders: 30 June 2015 Decision date: 30 June 2015 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: Development Application: multi dwelling housing, density development standard Legislation Cited: Environmental Planning and Assessment Act 1979; Hurstville Local Environmental Plan 2012; State Environmental Planning Policy Affordable Rental Housing 2009 Cases Cited: Wehbe v Pittwater Council [2007] NSW LEC 827; Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Texts Cited: Development Control Plan No. 1 – Hurstville LGA Wide Category: Principal judgment Parties: Golden Max Pty Limited (Applicant) Hurstville City Council (Respondent) Representation: Mr J Reid Mr J Fan, Pikes & Verekers Lawyers (Applicant) Mr A Seton, Marsdens Law Group (Respondent) File Number(s): 11086 of 2014

Judgment 1. Golden Max Pty Ltd lodged Development Application No 2014/0140 with Hurstville City Council on 7 March 2014 seeking consent to demolish an existing dwelling house and construct a multi dwelling housing development containing four dwellings and strata subdivision (original application). The application was refused on 15 July 2014 and Golden Max sought a review under s82A of the Environmental Planning and Assessment Act 1979 (EP&AAct). The plans lodged with that application reduced the number of dwellings to three. The council confirmed its refusal on 17 December 2014 and Golden Max is appealing that decision.