State Projects Pty Ltd v Hurstville City Council [2015] NSWLEC 1443

Land and Environment Court New South Wales

Medium Neutral Citation: State Projects Pty Ltd v Hurstville City Council [2015] NSWLEC 1443 Hearing dates: 6,7 October 2015 Date of orders: 30 October 2015 Decision date: 30 October 2015 Jurisdiction: Class 1 Before: Brown ASC Decision: 1. The appeal is dismissed. 2. Development Application No. 2014/0865 for the demolition of an existing dwelling and structures and the construction of an in- fill affordable housing development at 3 Newman Street Mortdale is refused. 3. The exhibits are returned with the exception of exhibit 1. Catchwords: DEVELOPMENT APPLICATION: demolition of an existing dwelling and structures and the construction of an in fill affordable housing development - compatibility with the character of the local area – satisfaction with design quality principles relating to context, scale, built form, density, landscape, amenity and aesthetics - unsafe traffic movements Legislation Cited: Environmental Planning and Assessment Act 1979 Hurstville Local Environmental Plan 2012 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development State Environmental Planning Policy No. 65 - Design Quality of Residential Flat Development Cases Cited: Peninsula Development Australia Pty Limited v Pittwater Council [2011] NSWLEC 1244 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Texts Cited: Class 1 Development Appeals Practice Note Category: Principal judgment Parties: State Projects Pty Ltd (Applicant) Hurstville City Council (Respondent) Representation: Counsel: Mr G McKee, solicitor (Applicant) Ms S Puckeridge, solicitor (Respondent)