Golden Max Pty Limited v Hurstville City Council

Land and Environment Court New South Wales Medium Neutral Citation: Golden Max Pty Limited v Hurstville City Council [2015] NSWLEC 1234 Hearing dates:11 June 2015Date of orders: 30 June 2015 Decision date: 30 June 2015 Jurisdiction:Class 1Before: Morris C Decision: Appeal dismissed Catchwords: Development Application: multi dwelling housing, density development standard Legislation Cited: Environmental Planning and Assessment Act 1979; Hurstville Local Environmental Plan 2012; State Environmental Planning Policy Affordable Rental Housing 2009 Cases Cited: Wehbe v Pittwater Council [2007] NSW LEC 827; Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Texts Cited: Development Control Plan No. 1 – Hurstville LGA Wide Category:Principal judgmentParties: Golden Max Pty Limited (Applicant) Hurstville City Council (Respondent) Representation: Mr J Reid Mr J Fan, Pikes & Verekers Lawyers (Applicant) Mr A Seton, Marsdens Law Group (Respondent) File Number(s):11086 of 2014Judgment Golden Max Pty Ltd lodged Development Application No 2014/0140 with Hurstville City Council on 7 March 2014 seeking consent to demolish an existing dwelling house and construct a multi dwelling housing development containing four dwellings and strata subdivision (original application). The application was refused on 15 July 2014 and Golden Max sought a review under s82A of the Environmental Planning and Assessment Act 1979 (EP&AAct). The plans lodged with that application reduced the number of dwellings to three. The council confirmed its refusal on 17 December 2014 and Golden Max is appealing that decision. The site and its context The site is legally described as Lot 5 in Deposited Plan 25557 and known as...