Ainsworth v Hunters Hill Council [2022] NSWLEC 1268

Ainsworth v Hunters Hill Council [2022] NSWLEC 1268

The Court was satisfied that the applicant’s written request under cl 4.6 adequately addressed why strict compliance with the landscaped area standard was unreasonable or unnecessary, due to unique site features, and that sufficient environmental planning grounds justified the contravention. The Court was further satisfied that the proposal is in the public interest as it aligns with the objectives of both the development standard and the relevant planning zone; therefore, consent was granted subject to conditions.

Jurisdiction
Australia
Judgment Date
09 June 2022
Procedural Posture
Class 1 Appeal / Final Judgment Following Conciliation Conference
Outcome
Appeal upheld; development application granted
Legal Topics
['development Application' 'boundary Realignment' 'heritage Conservation' 'landscaped Area Development Standard' 'foreshore Development' 'public Interest' 'clause 4.6 Variation']
['planning and Environment Law'] ['development Application' 'boundary Realignment' 'heritage Conservation' 'landscaped Area Development Standard' 'foreshore Development' 'public Interest' 'clause 4.6 Variation']

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Procedural Posture

Class 1 Appeal / Final Judgment Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the proposed development should receive consent despite contravening the landscaped area standard' 'Whether the variation to the development standard is justified under cl 4.6 Hunters Hill LEP 2012' 'Whether the development accords with relevant planning objectives and statutes']

Ratio Decidendi

The Court was satisfied that the applicant’s written request under cl 4.6 adequately addressed why strict compliance with the landscaped area standard was unreasonable or unnecessary, due to unique site features, and that sufficient environmental planning grounds justified the contravention. The Court was further satisfied that the proposal is in the public interest as it aligns with the objectives of both the development standard and the relevant planning zone; therefore, consent was granted subject to conditions.

Court Disposition

Appeal upheld; development application granted

Orders

  • ['The appeal is upheld.' 'Development Application No. 2021/1115 for a boundary realignment with 16 Viret Street, Hunters Hill, and construction of a new dwelling at 24 Viret Street, Hunters Hill, is determined by the grant of consent, subject to the conditions of consent at Annexure A.']