Laneform Pty Ltd v Hurstville City Council [2013] NSWLEC 1203

Laneform Pty Ltd v Hurstville City Council [2013] NSWLEC 1203

The Court upheld the SEPP 1 objection because, with the deletion of units 8 and 25, the proposal achieved the relevant height objectives, was compatible with the existing and desired future character when viewed from Forest Road and acceptable on Inverness Avenue, minimised relevant amenity impacts, was consistent...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
24 October 2013
Procedural Posture
Class 1 Appeal Against Refusal of a Development Application / Determination of Appeal Against Hurstville City Council's Refusal of DA No. 12/da 349
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['mixed Use Development' 'height Development Standard' 'state Environmental Planning Policy No 1 Objection' 'savings Provision' 'residential Amenity' 'streetscape Impact']
['environmental Planning and Assessment' 'development Consent' 'land Use Planning'] ['mixed Use Development' 'height Development Standard' 'state Environmental Planning Policy No 1 Objection' 'savings Provision' 'residential Amenity' 'streetscape Impact']

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Procedural Posture

Class 1 Appeal Against Refusal of a Development Application / Determination of Appeal Against Hurstville City Council's Refusal of DA No. 12/da 349

Legal Issues

  1. 1 ['Whether the breach of the 2 storey height requirement under Hurstville Local Environmental Plan 1994 and the 9 m height standard under Hurstville Local Environmental Plan 2012 caused unacceptable streetscape or amenity impacts.' 'Whether the State Environmental Planning Policy No 1 objection was well founded so that strict compliance with the height development standard was unreasonable and unnecessary.' 'What weight should be given to Hurstville Local Environmental Plan 2012 in light of the savings provision in cl 1.8A.' 'Whether some units had poor residential amenity sufficient to warrant refusal.']

Ratio Decidendi

The Court upheld the SEPP 1 objection because, with the deletion of units 8 and 25, the proposal achieved the relevant height objectives, was compatible with the existing and desired future character when viewed from Forest Road and acceptable on Inverness Avenue, minimised relevant amenity impacts, was consistent with the applicable zone objectives, and there was no significant public benefit in maintaining strict compliance. The remaining residential amenity issues were not optimal but were insufficient to justify refusal.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'DA No. 12/DA-349 for the construction of a mixed use building comprising basement car park, commercial tenancies and residential apartments at 556 Forest Road Penshurst is approved subject to the conditions in Annexure A.' 'The exhibits are returned with the exception of exhibits 2, A and G.']