Badaoui v Hurstville City Council

Land and Environment Court New South Wales Medium Neutral Citation: Badaoui v Hurstville City Council [2015] NSWLEC 1043 Hearing dates:4-5 March 2015Date of orders: 13 March 2015 Decision date: 13 March 2015 Jurisdiction:Class 1Before: Tuor C Decision: (1) The appeal is upheld.(2) The development application (DA/2014/0919) for demolition of existing structures and construction of a two storey building comprising non-residential use and parking for six cars at ground floor and a ten room boarding house accommodating a maximum of 19 people at first floor at 64-64A Lorraine Street, Peakhurst, is approved subject to the conditions in Annexure "A".(3) The exhibits, except Exhibits 1, A and B, are returned. Catchwords: DEVELOPMENT APPLICATION: construct a two storey building for use as a boarding house with non-residential use and parking at ground level. Contentions resolved. Issues raised by objectors Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 Hurstville Local Environmental Plan 2012 Cases Cited: Hastings Point Progress Assn Inc v Tweed Shire Council [2009] NSWCA 285 Seaside Property Developments Pty Ltd v Wyong Shire Council [2004] NSWLEC 117 Category:Principal judgmentParties: Tony Badaoui (Applicant) Hurstville City Council (Respondent) Representation: Counsel: Mr M Staunton (Applicant) Solicitors: Ms D Slimnicanovski of Gadens Lawyers (Applicant) Ms J Hewitt of HWL Ebsworth Lawyers (Respondent) File Number(s):10559 OF 2014JUDGMENT This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal by the Hurstville City Council (council) of a development application (DA/2014/0919)...