Karavelas v Hurstville City Council

Land and Environment Court New South Wales Medium Neutral Citation: Karavelas v Hurstville City Council [2014] NSWLEC 1195 Hearing dates:15 September 2014Decision date: 23 September 2014 Jurisdiction:Class 1Before: Pearson C Decision: 1. The appeal is upheld.2. Development Application DA2013/0346 for the demolition of existing structures and construction of a three storey residential flat building comprising 14 residential units with basement car parking at 66-68 Lawrence Street Peakhurst is approved subject to the conditions in Annexure A.3. The exhibits, other than exhibits A, F, G, H, 4, 5, 6 and 8, are returned. Catchwords: DEVELOPMENT APPLICATION - Residential Flat Building Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development Hurstville Local Environmental Plan 2012 Cases Cited: FM Holdings Pty Ltd v Hurstville City Council [2014] NSWLEC 1061 Category:Principal judgmentParties: William Karavelas (Applicant) Hurstville City Council (Respondent) Representation: Mr M Staunton (Applicant) Mr M Seymour (Respondent) Gadens (Applicant) HWL Ebsworth (Respondent) File Number(s):10343 of 2014 JudgmentThis is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (the Act) against the deemed and subsequent actual refusal by the respondent Council of consent to development application DA2013/0346 for the demolition of existing structures and construction of a three storey residential flat building comprising 14 residential units with basement car parking at 66-68 Lawrence Street Peakhurst (the site).The issues identified in the Council's Statement of Facts and Contentions were compliance with the applicable...