Triple 8 Development Group Pty Limited v Hurstville City Council [2014] NSWLEC 1242

Triple 8 Development Group Pty Limited v Hurstville City Council [2014] NSWLEC 1242

The Amendment F plans incorporated the expert recommendations, resolved the council's contentions, and produced an appropriate development fully compliant with the relevant provisions of the LEP, DCP and SEPP65 and consistent with the future character contemplated for the area; therefore there was no reason why consent should not be granted.

Jurisdiction
Australia
Judgment Date
26 November 2014
Procedural Posture
Class 1 Development Application Appeal / Principal Judgment Following Hearing
Outcome
Appeal upheld; development application approved subject to conditions of consent.
Legal Topics
['development Application' 'residential Flat Building' 'amended Plans' 'development Consent' 'planning Controls' 'state Environmental Planning Policy No 65 Design Quality of Residential Flat Development' 'hurstville Local Environmental Plan 2012' 'hurstville Development Control Plan No. 1 LGA Wide']
['planning and Environment Law'] ['development Application' 'residential Flat Building' 'amended Plans' 'development Consent' 'planning Controls' 'state Environmental Planning Policy No 65 Design Quality of Residential Flat Development' 'hurstville Local Environmental Plan 2012' 'hurstville Development Control Plan No. 1 LGA Wide']

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Procedural Posture

Class 1 Development Application Appeal / Principal Judgment Following Hearing

Legal Issues

  1. 1 ["Whether amended plans addressed the council's reasons for refusal and contentions." 'Whether development consent should be granted for demolition of existing dwellings and construction of a three storey residential flat building with basement car parking.' 'Whether the proposal complied with SEPP65, the Residential Flat Design Code, Hurstville Local Environmental Plan 2012 and Hurstville Development Control Plan No. 1 - LGA Wide.']

Ratio Decidendi

The Amendment F plans incorporated the expert recommendations, resolved the council's contentions, and produced an appropriate development fully compliant with the relevant provisions of the LEP, DCP and SEPP65 and consistent with the future character contemplated for the area; therefore there was no reason why consent should not be granted.

Court Disposition

Appeal upheld; development application approved subject to conditions of consent.

Orders

  • ['Leave is granted to the applicant to rely on amended plans (Amendment F) subject to payment of the those costs of the council that are thrown away as a result of amending the development application, pursuant to s97B of the Environmental Planning and Assessment Act 1979.' 'The appeal is upheld.' 'Development...