Douzaklian v Hunters Hill Council [2022] NSWLEC 1356

Douzaklian v Hunters Hill Council [2022] NSWLEC 1356

The appeal is upheld, and the development application is granted consent as the amended proposal meets all relevant planning controls, regulatory requirements, and there are no adverse impacts identified by the Council's assessment or supporting expert reports.

Parties
Applicant: Haroutoun Douzaklian; Respondent: Hunters Hill Council
Jurisdiction
Australia
Judgment Date
07 July 2022
Procedural Posture
Class 1 Appeal / Judgment After Conciliation Conference
Outcome
Appeal upheld; development consent granted
Legal Topics
Development Application, Consent Authority, Appeal Against Refusal, Heritage Conservation, Stormwater Management, Riparian Land, Riverfront Area
Environmental Law Planning Law Development Application Consent Authority Appeal Against Refusal Heritage Conservation Stormwater Management Riparian Land +1 more

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Parties

Haroutoun Douzaklian

Applicant

Hunters Hill Council

Respondent

Procedural Posture

Class 1 Appeal / Judgment After Conciliation Conference

Legal Issues

  1. 1 Whether the development application for demolition and construction at 37E The Point Road, Woolwich, should be granted consent
  2. 2 Whether the amended proposal complies with statutory and planning requirements including heritage, stormwater, earthworks, and building height standards

Ratio Decidendi

The appeal is upheld, and the development application is granted consent as the amended proposal meets all relevant planning controls, regulatory requirements, and there are no adverse impacts identified by the Council's assessment or supporting expert reports.

Court Disposition

Appeal upheld; development consent granted

Orders

  • The appeal is upheld.
  • Development Application No. 2021/1230, for demolition of the existing dwelling and construction of a two-storey dwelling with associated basement at 37E The Point Road, Woolwich, is determined by the grant of consent, subject to the conditions of consent at Annexure A.