CC Builders (NSW) Pty Ltd v Georges River Council [2017] NSWLEC 1064

Land and Environment Court New South Wales

Medium Neutral Citation: CC Builders (NSW) Pty Ltd v Georges River Council [2017] NSWLEC 1064 Hearing dates: 30 January and 3 February 2017 Date of orders: 16 February 2017 Decision date: 16 February 2017 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: DEVELOPMENT APPLICATION: multi unit housing, drainage and flooding, tree retention, impact of proposed development on longevity of trees Legislation Cited: Hurstville Local Environmental Plan 2012; Conveyancing Act 1919 Category: Principal judgment Parties: CC Builders (NSW) Pty Ltd (Applicant)

Georges River Council (Respondent) Representation: Solicitors: Mr A Boskovitz, Boskovitz & Associates Solicitors (Applicant) Ms J Hewitt HWL Ebsworth Lawyers (Respondent) File Number(s): 155689/2016

Judgment 1. CC Builders (NSW) Pty Ltd lodged development application DA 2015/0457 with the then Hurstville City Council on 23 December 2015 seeking consent to demolish an existing dwelling and construct a multi dwelling housing development containing six dwellings at 799 Forest Road Peakhurst. The application included drainage works within Dawn Street, a cul-de-sac to the east of the site. The Council had not determined the application within the prescribed period and the applicant is appealing its deemed refusal.

The site and its context 1. The site is located on the eastern side of Forest Road to the south of Samuel Street and is an L-shaped allotment with an angled frontage of 18.35 m, wdith of 15.235m at the front widening to 30.475m at the rear resulting in a total area of 1998m². The site has a significant fall to the eastern (rear) boundary of 3.62m. 2. A single story house is directed towards the Forest road frontage of the site with a series of outbuildings erected towards its centre. Several trees including a number of Turpentine trees are located within the rear yard, four of those trees being identified by the Council as significant and proposed to be retained by the applicant. Those trees are located adjacent to the southern boundary of the site awards its rear. 3. Development immediately adjoining the site comprises detached dwelling houses with multi dwelling housing and detached housing located within proximity of the site. The Peakhurst campus of Georges River High School is located to the east and separated from the site by the dwellings that front the Dawn Street cul-de-sac.