Actypis v Hurstville City Council and Actypis v Hurstville City Council

The applicants, Actypis, sought judicial review of decisions made by Hurstville City Council concerning the development of land at 10-12 Park Road, Hurstville. The dispute centred on the Council's refusal to grant development consent for a mixed-use development comprising retail premises and residential apartments, and its subsequent refusal to grant a complying development certificate for the same development. The matter came before Judge Nicholls in the Land and Environment Court of New South Wales.

The primary legal issues before the Court were whether the Council had erred in law by refusing development consent and a complying development certificate, and whether the proposed development was consistent with the Hurstville Local Environmental Plan 2012 and the Hurstville Development Control Plan 2012. Specifically, the Court was required to consider the interpretation and application of various provisions within these planning instruments, including those relating to building height, floor space ratio, and the provision of public benefit.

Judge Nicholls found that the Council had correctly interpreted and applied the relevant provisions of the Hurstville Local Environmental Plan 2012 and the Hurstville Development Control Plan 2012. The Court determined that the proposed development did not meet the requirements of the planning instruments, particularly concerning the floor space ratio and the provision of public benefit. Consequently, the Council's decisions to refuse development consent and the complying development certificate were upheld.