Cuzeno v Hurstville City Council [2005] NSWLEC 189

Cuzeno v Hurstville City Council [2005] NSWLEC 189

The appeal is dismissed because the proposed development constitutes significant and highly visible breaches of DCP 12 with respect to height and building depth controls. The extent of proposed non-compliance exceeds that of previous consents and approval would seriously undermine enforcement of DCP 12.

Parties
Applicant: Cuzeno Pty Ltd; Respondent: Hurstville City Council
Jurisdiction
Australia
Judgment Date
22 April 2005
Procedural Posture
Appeal Against Refusal of Development Application / Judgment
Outcome
Appeal dismissed
Legal Topics
Development Application, Development Control Plan, Development Standards, Planning Instruments, Building Height, Building Depth
Planning and Environment Law Development Application Development Control Plan Development Standards Planning Instruments Building Height Building Depth

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Parties

Cuzeno Pty Ltd

Applicant

Hurstville City Council

Respondent

Procedural Posture

Appeal Against Refusal of Development Application / Judgment

Legal Issues

  1. 1 Whether the proposed development complies with Development Control Plan 12 (DCP 12) regarding height and building depth requirements
  2. 2 Whether previous variations from DCP 12 by the council justify approving this application
  3. 3 Appropriateness of departing from DCP 12 given community consultation and enforcement consistency

Ratio Decidendi

The appeal is dismissed because the proposed development constitutes significant and highly visible breaches of DCP 12 with respect to height and building depth controls. The extent of proposed non-compliance exceeds that of previous consents and approval would seriously undermine enforcement of DCP 12.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • Development application to demolish the existing building and erect a residential/commercial development on lots 1, 2, 3, 4 and 5 DP 19301, lot 134 DP 12807 and lot 2 DP 13146, known as 166-178 Stoney Creek Road, Beverly Hills is determined by refusal.