Moussa v Hurstville City Council [2015] NSWLEC 1426

Land and Environment Court New South Wales

Medium Neutral Citation: Moussa v Hurstville City Council [2015] NSWLEC 1426 Hearing dates: 22 October 2015 Date of orders: 23 October 2015 Decision date: 23 October 2015 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: DEVELOPMENT APPLICATION: multi dwelling housing, flooding, contentions resolved through agreed conditions of consent Legislation Cited: Hurstville Local Environmental Plan 2012; Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment; State Environmental Planning Policy No 55 -Remediation of Land; State Environmental Planning Policy (Building Sustainability Index BASIX) 2004; Environmental Planning and Assessment Act 1979 Texts Cited: Development Control Plan No 1 - LGA Wide Category: Principal judgment Parties: Andre Moussa t/a Design Link Australia (Applicant) Hurstville City Council (Respondent) Representation: Counsel: Mr T To (Applicant)

Solicitors: Ms V Walsh, Gadens (Applicant)

Ms S Pickeridge, Lindsay Taylor Lawyers (Respondent) File Number(s): 10083 of 2015

Judgment 1. Mr Moussa lodged, on behalf of Design Link Australia, Development Application DA2014/0091 with Hurstville City Council on 4 February 2014 seeking consent to demolish two dwelling houses and construct a multi dwelling housing development containing 8 dwellings at 100-102 Wright Street, Hurstville. The council refused consent on 6 August 2014 and Moussa is appealing that determination. 2. The issues in the case are whether the site is suitable for the proposed development, particularly in relation to its flood affectation and whether the development has adverse amenity impacts on adjoining properties. Those contentions have now been resolved through the imposition of agreed conditions to be imposed by way of a deferred commencement consent.