Sentamur Pty Limited v Hurstville City Council [2010] NSWLEC 1144

Sentamur Pty Limited v Hurstville City Council [2010] NSWLEC 1144

The Court granted the consent orders because the contentions raised by council had been adequately addressed in the council assessment report, the SEPP 1 objection to the floor space ratio standard was well founded, the issues between the parties had been resolved, and there were no objectors to the application.

Jurisdiction
Australia
Judgment Date
13 May 2010
Procedural Posture
Appeal Against Refusal of a Development Application / Consent Orders; Ex Tempore Judgment
Outcome
Appeal upheld; development application approved subject to conditions in Annexure A.
Legal Topics
['development Application' 'demolition and Industrial Development' 'floor Space Ratio' 'front Setback and Landscaping' 'sepp 1 Objection' 'consent Orders']
['environmental Planning and Development Control'] ['development Application' 'demolition and Industrial Development' 'floor Space Ratio' 'front Setback and Landscaping' 'sepp 1 Objection' 'consent Orders']

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Procedural Posture

Appeal Against Refusal of a Development Application / Consent Orders; Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether consent orders should be made approving the development application after the parties resolved the contentions.' "Whether the proposed floor space ratio non-compliance with cl 13.3 of the Hurstville Local Environmental Plan 1994 and cl 5.3.22 of Hurstville Development Control Plan No 1 was acceptable on the basis of the applicant's SEPP 1 objection." 'Whether the proposed front setback and landscaping non-compliance with cl 5.3.3 of Hurstville Development Control Plan No 1 was acceptable.']

Ratio Decidendi

The Court granted the consent orders because the contentions raised by council had been adequately addressed in the council assessment report, the SEPP 1 objection to the floor space ratio standard was well founded, the issues between the parties had been resolved, and there were no objectors to the application.

Court Disposition

Appeal upheld; development application approved subject to conditions in Annexure A.

Orders

  • ['The appeal is upheld.' 'Development Application No 07/DA-452 for demolition of 3 workshop buildings, alterations and additions to existing industrial building, construction of new industrial unit and lot amalgamation, on the land known as Lot 1 DP 225302 and Lot 101 DP 776275, (61-65 and 67-69) Forest Road,...