Triple 8 Property Group Pty Limited v Hurstville City Council

Land and Environment Court New South Wales Medium Neutral Citation: Triple 8 Property Group Pty Limited v Hurstville City Council [2014] NSWLEC 1262 Hearing dates:17 December 2014Decision date: 19 December 2014 Jurisdiction:Class 1Before: Morris C Decision: Appeals upheld Catchwords: Development Application, residential flat building Legislation Cited: Environmental Planning and Assessment Act 1979; Hurstville Local Environmental Plan 2012; 17 State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development Texts Cited: Residential Flat Design Code; Residential Flat Design Code Category:Principal judgmentParties: Triple 8 Property Group Pty Limited (Applicant) Hurstville City Council (Respondent) Representation: Mr P Clay SC (Applicant) Mr J Diep Maclarens Lawyers (Applicant) Mr A Seton Marsdens Law Group File Number(s):10575 and 10576 of 2014 JudgmentTriple 8 Property Group Pty Ltd lodged two development applications with Hurstville City Council for two adjoining sites. Both applications propose the construction of residential flat buildings across two allotments. The council refused consent to these applications and Triple 8 is appealing the decisions.The majority of the contentions in the case were resolved through the preparation of amended plans however the council still pressed contentions that relate to building siting and separation.The Parties agreed that evidence in one matter would be evidence in the other as the plans propose similar developments on each site, one being a mirror reversed version of the other.The applicationsMatter No 10575 of 2014 relates to Development Application DA2013/0406 and applies to land know as Nos 9 and 11 Peake Parade, Peakhurst (9-11). Matter No 10576 of 2014...