Achi Constructions Pty Ltd v Hurstville City Council

Land and Environment Court New South Wales Medium Neutral Citation: Achi Constructions Pty Ltd v Hurstville City Council [2014] NSWLEC 1213 Hearing dates:14 October 2014Decision date: 15 October 2014 Jurisdiction:Class 1Before: Tuor C Decision: 1. The appeal is upheld.2. Development Application DA2013/0283 for the demolition of existing structures and construction of a three storey residential flat building comprising fifteen (15) units and basement car parking with nineteen (19) spaces and strata subdivision at 77-79 Lawrence Street, Peakhurst, is approved subject to the conditions in Annexure A.3. The exhibits, other than exhibits 2 and A are returned. Catchwords: DEVELOPMENT APPLICATION - Residential Flat Building. Amended plans address contentions Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development Hurstville Local Environmental Plan 2012 Cases Cited: FM Holdings Pty Ltd v Hurstville City Council [2014] NSWLEC 1061 Karavelas v Hurstville City Council [2014] NSWLEC 1195 Category:Principal judgmentParties: Achi Constructions Pty Ltd (Applicant) Hurstville City Council (Respondent) Representation: Ms A Hemmings (Applicant) Mr M Seymour (Respondent) Gadens (Applicant) Norton Rose Fullbright (Respondent) File Number(s):10430 of 2014 JudgmentThis is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (the Act) against the refusal by Hurstville City Council (council) of development application DA2013/0283 for the demolition of existing structures and construction of a three storey residential flat building comprising 15 residential units with basement car parking for 19 cars and strata subdivision at 77-79 Lawrence Street, Peakhurst (the site).The issues...