Nacoski v Hurstville City Council

Land and Environment Court New South Wales Medium Neutral Citation: Nacoski v Hurstville City Council [2015] NSWLEC 1225 Hearing dates:Conciliation conference on 22 June 2015Date of orders: 22 June 2015 Decision date: 22 June 2015 Jurisdiction:Class 1Before: Moore SC Decision: See (8) below Catchwords: DEVELOPMENT APPLICATION: two lot residential subdivision; no conciliation agreement; agreement between expert planners on all issues; no other issues pressed by the respondent; issues raised by neighbours not valid Legislation Cited: Hurstville Local Environmental Plan 2012 Land and Environment Court Act 1979 Cases Cited: Seaside Property v Wyong Shire Council [2004] NSWLEC 600 Zhang v Canterbury City Council [2001] NSWCA 167; (2001) 51 NSWLR 589Click here to enter text. Category:Principal judgmentParties: J Nacoski (Applicant) Hurstville City Council (Respondent) Representation: Counsel: Mr S Patterson, solicitor (Applicant) Ms V McGrath, solicitor (Respondent) Solicitors: Wilshire Webb Staunton Beattie Lawyers (Applicant) Norton Rose Fulbright Australia (Respondent) File Number(s):10312 of 2015Judgment SENIOR COMMISSIONER: 190 Lorraine Street, Peakhurst Heights is a corner allotment with frontages to Lorraine Street and to Cliff Avenue. The applicants are applied to Hurstville Council (the Council) for consent to subdivide the existing allotment into two allotments with the dwelling on the present site remaining with a frontage to Lorraine Street and with the new allotment having a frontage to Cliff Avenue. The proposal was considered by the Council and the application was refused on 4 March 2015. There have been continuing discussions between the applicant’s planner, Ms Gordon and the Council's planner, Mr Turrisi, concerning adjustments to...