Cougar Developments (NSW) Pty Ltd v Hurstville City Council

Land and Environment Court New South Wales Medium Neutral Citation: Cougar Developments (NSW) Pty Ltd v Hurstville City Council [2015] NSWLEC 1008 Hearing dates:20-21 January 2015Decision date: 23 January 2015 Jurisdiction:Class 1Before: Morris C Decision: Appeal upheld Catchwords: Development Application, shoptop housing, boarding house, business premises Legislation Cited: Hurstville Local Environmental Plan 2012; State Environmental Planning Policy No. 55 – Remediation of Land, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, State Environmental Planning Policy No 65 – Design Quality of Residential Flat Buildings, State Environmental Planning Policy – Affordable Rental Housing 2009 Cases Cited: Hrsto v Canterbury City Council (No 2) [2014] NSWLEC 121; Wehbe v Pittwater Council [2007] NSWLEC 827 Texts Cited: Development Control Plan No. 1 Hurstville LGA Wide Category:Principal judgmentParties: Cougar Developments (NSW) Pty Ltd (Applicant) Hurstville City Council (Respondent) Representation: Counsel: Mr J Thompson (Applicant) Mr P Rigg (Respondent) Solicitors: Ritchie & Castellan Pty Ltd (Applicant) Hurstville City Council (Respondent) File Number(s):10471 of 2014Judgment Cougar Developments (NSW) Pty Ltd lodged Development Application DA2013/0391 with Hurstville City Council on 27 November 2013 seeking consent to construct a commercial, retail, residential and boarding house development with associated parking at Nos 35-41A Penshurst Street, Penshurst. The council has refused consent and Cougar is appealing that decision. The site and its context The site comprises two adjoining allotments, Lots 31 and 32 in DP 1399 and is known as Nos 35-41A Penshurst Street, Penshurst. It is located within the Penshurst Commercial Centre, a local shopping centre, on the...