Tuesday, September 06, 2005  

Legal Documets

Land & Environment Court Judgement
Renaldo Plus 3 Ltd v Hurstville City Council [22/12/2006]
NSWLEC 819

Land & Environment Court Judgement on Mulga Road Development

Renaldo Plus 3 Ltd v Hurstville City Council [12/07/2005] NSW LEC 315

Appeal to LEC
Land & Environment Court Judgement on Mulga Road Development

Renaldo Plus 3 Pty Limited v Hurstville City Council [No 2] [2005] NSWLEC 590

Other Cases cited in judgement
Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003)NSWCA 289

Architects Haywood and Bakker Pty Ltd v North Sydney Council (2003) NSWLEC 138

Stockland Developments Pty Ltd v Manley Council [2004] NSWLEC 472

Legislation Relevant to case

Amendment 60 to LEP - gazetted 14 October 2005
This intended to limit height restriction of the area to two storey height limit to include Peakhurst ward which had been inadverdently removed when amendment 38 was made.

15A Height restrictions for land within Zones Nos 3 (a) and 3 (c)
(1) Despite any other provision of this plan, buildings exceeding 2 storeys in height must not be erected on so much of the land within Zone No 3 (a) or 3 (c) as is shown edged heavy black on the height map for Zones Nos 3 (a) and 3 (c).

(2) In this clause:

height map for Zones Nos 3 (a) and 3 (c) means Sheets 1–20 of the map marked “Hurstville Local Environmental Plan 1994—Height Map for Zones Nos 3 (a) and 3 (c)”, as amended by the maps (or specified sheets of maps) marked as follows:


Amendment 66 to LEP - gazetted 9 September 2005
Changed the name of zone 3(a) from General Business to Neighbourhood Business and generally make it clearer that zone 3(a) was always intended for small neighbourhood shops.

Zone No 3 (a) (Neighbourhood Business Zone)

Zone objectives

The objectives of this zone are:

(a) to provide for small scale retail and business activities to serve the needs of the surrounding local community, and

(b) to provide for development of a scale and type compatible with the amenity of the surrounding residential area, and

(c) to facilitate retail and business activities at ground floor level to provide active street frontage.

13A Size of display or sales area in shops on land within Zone No 3 (a)

(1) The maximum area that may be used as a display or sales area in a shop that is on land within Zone No 3 (a) is 400 square metres.

(2) In calculating the area used as a display or sales area, any part of the shop that is ancillary to the display or sales area or that is used for storage, office or staff convenience purposes is to be excluded.


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