Jawad v Hurstville City Council [2012] NSWLEC 1190

Jawad v Hurstville City Council [2012] NSWLEC 1190

With the amended plans addressing council's original concerns, the objectives of the planning controls are satisfied, making strict compliance with the minimum allotment size unreasonable and unnecessary; therefore, the SEPP 1 objection is well founded and consent should be granted.

Parties
Applicant: Bassem Jawad; Respondent: Hurstville City Council
Jurisdiction
Australia
Judgment Date
16 July 2012
Procedural Posture
Appeal / Judgment After Hearing
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
Development Application, Minimum Allotment Size, SEPP 1 Objection, Dual Occupancy, Planning Controls
Planning and Environment Development Application Minimum Allotment Size SEPP 1 Objection Dual Occupancy Planning Controls

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Parties

Bassem Jawad

Applicant

Hurstville City Council

Respondent

Procedural Posture

Appeal / Judgment After Hearing

Legal Issues

  1. 1 Whether SEPP 1 objection to cl 11A(2A) of Hurstville Local Environmental Plan 1994 regarding minimum allotment size is well founded
  2. 2 Whether the proposed dual occupancy development satisfies planning control objectives despite non-compliance with minimum allotment size

Ratio Decidendi

With the amended plans addressing council's original concerns, the objectives of the planning controls are satisfied, making strict compliance with the minimum allotment size unreasonable and unnecessary; therefore, the SEPP 1 objection is well founded and consent should be granted.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • The appeal is upheld.
  • Development Application (11/DA285) for an attached two storey dual occupancy development with Torrens Title subdivision at 15 MacPherson St, Hurstville is approved, subject to the conditions in Annexure "A".