Carvouni v Hurstville City Council [2011] NSWLEC 1238

Carvouni v Hurstville City Council [2011] NSWLEC 1238

The proposed modifications, as amended by the parties, satisfy the relevant ceiling height and setback controls under the DCP, address neighbour concerns, and meet the aims and objectives of the LEP; as such, the appeal is upheld and the development consent may be modified as agreed.

Jurisdiction
Australia
Judgment Date
04 August 2011
Procedural Posture
Appeal Against Refusal of Modification of Development Consent / Judgment After Hearing and Consent Orders
Outcome
Appeal upheld; development consent modified as agreed and per conditions in exhibit C.
Legal Topics
['development Consent Modification' 'setback Requirements' 'ceiling Height Controls' 'residential Zoning' 'environmental Planning']
['planning and Environment Law'] ['development Consent Modification' 'setback Requirements' 'ceiling Height Controls' 'residential Zoning' 'environmental Planning']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal Against Refusal of Modification of Development Consent / Judgment After Hearing and Consent Orders

Legal Issues

  1. 1 ['Whether the proposed modifications comply with ceiling height and setback controls' 'Whether the modifications would have unacceptable impact on the streetscape or neighbouring properties']

Ratio Decidendi

The proposed modifications, as amended by the parties, satisfy the relevant ceiling height and setback controls under the DCP, address neighbour concerns, and meet the aims and objectives of the LEP; as such, the appeal is upheld and the development consent may be modified as agreed.

Court Disposition

Appeal upheld; development consent modified as agreed and per conditions in exhibit C.

Orders

  • ['The appeal be upheld.' 'Development consent 2009/DA-384 granted on 22 July 2010 be modified under s 96 of the Environmental Planning and Assessment Act 1979 as per exhibit C.' 'Exhibits other than A, B, C, 1 and 3 are returned to the parties.']