Design Workshop Australia Pty Ltd v Hurstville City Council

Land and Environment Court New South Wales Medium Neutral Citation: Design Workshop Australia Pty Ltd v Hurstville City Council [2014] NSWLEC 1236 Hearing dates:3 November 2014Decision date: 13 November 2014 Jurisdiction:Class 1Before: Tuor C Decision: 1. The appeal is upheld.2. Development Application (DA2013/0268) for the demolition of existing buildings and construction of a three storey residential flat building comprising twenty three (23) units and basement car parking with twenty nine (29) spaces at 3, 5 and 7 Gover Street, Peakhurst, is approved subject to the conditions in Annexure A.3. The exhibits, other than exhibits 4, A and B, 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 Category:Principal judgmentParties: Design Workshop Australia Pty Ltd (Applicant) Hurstville City Council (Respondent) Representation: Mr M Staunton (Applicant) Ms J Hewitt (Respondent) Gadens (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s):10346 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 a development application (DA2013/0268) for the demolition of existing buildings and construction of a three storey residential flat building comprising twenty three (23) units and basement car parking with twenty nine (29) spaces at 3, 5 and 7 Gover Street, Peakhurst, (the site).The issues identified in the Council's Statement of Facts and Contentions were inconsistency with...