Chouman & Anor v Hurstville City Council [2015] NSWLEC 1574

Land and Environment Court New South Wales

Medium Neutral Citation: Chouman & Anor v Hurstville City Council [2015] NSWLEC 1574 Hearing dates: 16 December 2015 Date of orders: 16 December 2015 Decision date: 16 December 2015 Jurisdiction: Class 1 Before: Hussey AC Decision: 1. The appeal is allowed; 2. Development consent is granted to DA 2014/1188 for the demolition of the existing dwelling and construction of 2, 2 - storey attached dual occupancy dwellings at 5 Thomas Street, Hurstville, subject to the conditions in Annexure A; and 3. The exhibits are retained, except for exhibit 2. Catchwords: Development application: Dual occupancy, urban design, compatibility with neighbourhood, minimum lot width control and internal amenity Legislation Cited: Hurstville LEP 2012, State Environmental Policy No 55, and Development Control Plan No1 – LGA Wide. Category: Principal judgment Parties: Shady Chouman (Applicant) Hurstville City Council (Respondent) Representation: Solicitors: Mr P Duffy, (Applicant) Duffy Law Group Ms V McGrath (Respondent) Norton Rose Fulbright File Number(s): 10819 of 2015

This determination was given extemporaneously and has been edited prior to publication

JUDGMENT

Background: 1. This appeal concerns, and arose out of, a refusal of a development application for the demolition of existing structures on the subject property known as 5 Thomas Street, Hurstville, the construction of 2 x 2-storey attached dual occupancy dwellings and associated front fence. 2. The site is known as lot 17 in DP 10395 and it has an area of 656 sq m and is located on the south‑western side of Thomas Street. The site has splayed frontage of 16.09m to Thomas Street. The average width of the site is 14.6 m and the average depth is 42.67 m. The site falls from the rear boundary to the street by approximately 3 m. 3. There is currently an existing single storey dwelling house with detached garage in the rear yard on the site. The locality is characterised by a mix of single and two storey houses that vary in age and architectural style in an area that is undergoing change.