Council wins battle against Penshurst development
15 Aug 2012
Mayor of Hurstville, Cr Steve McMahon today welcomed the news that the Land and Environment Court had dismissed an appeal of Council’s decision to refuse the extension of a residential care facility in Penshurst.
Mayor McMahon said the decision is a victory for the surrounding residents.
“There is no dispute about the need for quality aged care services in the area, however developments need to take into account the impact on its surrounds,” he said.
“The proposed extension at the site fronting on Queensbury Road would have greatly affected the amenity of neighbouring properties with its bulk and close proximity to neighbours.”
Mayor McMahon said when Council received the application there had been strong objection to it by residents.
“A petition with more than 100 signatures was presented to Council, objecting to the extension,” he said.
“Residents were primarily concerned about its excessive bulk and height which would have meant it overwhelmed and overshadowed the other properties.
“It would have also been out of character with the streetscape and resulted in loss of privacy for the adjoining neighbours.
“Everyone is entitled to sunlight, fresh air and not having other residents living almost at their doorstep.”
Mayor McMahon praised the Commissioner of the Court for her balanced judgement.
“The Commissioner acknowledged the need for additional beds in the location, but the applicant needs to go back to the drawing board and come up with a better designed development,” he said.
“It is great news for the residents and I am pleased the Court has supported Council’s decision.”
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