Pearce Developments (Aust) Pty Ltd v Hurstville City Council

Land and Environment Court New South Wales Case Name:  Pearce Developments (Aust) Pty Ltd v Hurstville City Council Medium Neutral Citation:  [2014] NSWLEC 1269 Hearing Date(s):  4 December 2014 Decision Date:  10 December 2014 Jurisdiction:  Class 1 Before:  Morris C Decision:  Directions made, see [39]. Catchwords:  Development Application: residential flat building Legislation Cited:  Hurstville Local Environmental Plan 2012; State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development Texts Cited:  Hurstville LGA Wide Development Control Plan No 1; Residential Flat Design Code Category:  Principal judgment Parties:  Pearce Developments (Aust) Pty Ltd (Applicant) Hurstville City Council (Respondent) Representation:  Counsel: Mr R White (Applicant) Ms V McGrath (Respondent) Solicitors: Gadens Lawyers (Applicant) Norton Rose Fulbright (Respondent) File Number(s):  10708 of 2014 JUDGMENTPearce Constructions (Aust) P/L lodged development application D2014/0946 with Hurstville City Council seeking consent to demolish existing site improvements and construct a residential flat building containing 20 units with basement carparking at Nos 4, 6 and 8 Pearce Avenue, Peakhurst. Pearce lodged an appeal against the council’s deemed refusal of the application and since that time the council has officially refused consent.The site and its contextThe site comprises three adjoining allotments that are located on the northeastern side of Pearce Avenue between Trafalgar Street and Peake Parade. Total frontage of the site is 57.407m and area is 1755.3sqm. The land falls from the south to the north towards a public reserve that is located to the rear and northern boundary of the site and soften the appearance of...