Beliquatum Property Development Pty Ltd v Hurstville City Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Beliquatum Property Development Pty Ltd v Hurstville City Council [2014] NSWLEC 1229 Hearing dates:5 November 2014Decision date: 06 November 2014 Jurisdiction:Class 1Before: Brown C Decision: Directions for amended plans and conditions Catchwords: DEVELOPMENT APPLICATION: demolition of existing structures and construction of a three storey residential flat building comprising 13 residential units with basement car parking - contentions raised by council addressed by amended plans - objector maintains objections of location of access driveway, side setback, location of common open space, overshadowing and isolation of property Legislation Cited: Environmental Planning and Assessment Act 1979 Hurstville Local Environmental Plan 2012 State Environmental Planning Policy No 65 Category:Principal judgmentParties: Beliquatum Property Development Pty Ltd (Applicant) Hurstville City Council (Respondent) Representation: Mr N Eastman, barrister (Applicant) Mr M Seymour, barrister (Respondent) Gadens (Applicant) Norton Rose Fullbright Australia (Respondent) File Number(s):10465 of 2014 JudgmentCOMMISSIONER: This is an appeal against the refusal by Hurstville City Council of Development Application DA2014/0088:2 for the demolition of existing structures and construction of a three storey residential flat building comprising 13 residential units with basement car parking at 22-24 Gover Street, Peakhurst (the site).The contentions identified in the council's Statement of Facts and Contentions were insufficient information (Contention 1), inconsistency with State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development (SEPP 65), the Residential Flat Design Code (RFDC), inconsistencies with Hurstville Local Environmental Plan 2012 (the LEP), inconsistencies with Hurstville Development Control Plan No...