Picciau v Georges River Council [2019] NSWLEC 1114

Land and Environment Court New South Wales

Medium Neutral Citation: Picciau v Georges River Council [2019] NSWLEC 1114 Hearing dates: 7 March 2019 Date of orders: 26 March 2019 Decision date: 26 March 2019 Jurisdiction: Class 1 Before: Dickson C Decision: The orders of the Court are: (1) The applicant is granted leave to rely on amended plans; (2) No order as to costs; (3) The appeal is upheld; (4) Consent is granted to Development Application No. No 2018/0081 for demolition of the existing dwelling and outbuildings and the construction of a new two storey dual occupancy development at 44 Caloola Crescent, Beverley Hills, Lot 694 DP 13496, subject to conditions in Annexure A; (5) The exhibits are returned with the exception of Exhibit 2, A, C, E, G and L. Catchwords: DEVELOPMENT APPLICATION: Attached dual occupancy development – variation to minimum lot width control – whether the development is a reasonable alternative solution that achieves the objects of the standard – appeal upheld. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Hurstville Local Environmental Plan 2012 Cases Cited: Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Trinvass Pty Ltd v Council of the City of Sydney [2015]NSWLEC 151 Texts Cited: Hurstville Development Control Plan 1 Category: Principal judgment Parties: Oscar Picciau (First Applicant) Xianyong Zhang (Second Applicant) Georges River Council (Respondent) Representation: Counsel: N Eastman (Applicants)