Hunters Hill Developments Pty Ltd v Hunters Hill Council [2016] NSWLEC 1180

Hunters Hill Developments Pty Ltd v Hunters Hill Council [2016] NSWLEC 1180

The proposed development does not provide reasonable alternative solutions achieving the objectives of the relevant DCP and LEP standards for height, scale, articulation, and heritage compatibility. The design fails to properly reflect historic subdivision patterns, presents as three storeys contrary to the two-storey requirement, and does not maintain positive aspects of character or provide an appropriate transition to lower-density or heritage areas. Accordingly, the development application must be refused and the appeal dismissed.

Parties
Applicant: Hunters Hill Developments Pty Ltd; Respondent: Hunters Hill Council
Jurisdiction
Australia
Judgment Date
19 May 2016
Procedural Posture
Appeal Class 1 (land and Environment Court) / Final Judgment Post Hearing
Outcome
Appeal dismissed; development application refused.
Legal Topics
Development Application Refusal, Bulk and Scale of Residential Buildings, Streetscape and Heritage Conservation Area Impact, Residential Amenity and Overlooking, Interpretation of Planning Instruments
Environmental Law Planning Law Heritage/conservation Law Development Application Refusal Bulk and Scale of Residential Buildings Streetscape and Heritage Conservation Area Impact Residential Amenity and Overlooking Interpretation of Planning Instruments

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Parties

Hunters Hill Developments Pty Ltd

Applicant

Hunters Hill Council

Respondent

Procedural Posture

Appeal Class 1 (land and Environment Court) / Final Judgment Post Hearing

Legal Issues

  1. 1 Whether the bulk and scale of the proposed development is overdevelopment and inappropriate in context
  2. 2 Consistency of the proposal with streetscape, design and surrounding character
  3. 3 Impact on the significance of heritage conservation areas

Ratio Decidendi

The proposed development does not provide reasonable alternative solutions achieving the objectives of the relevant DCP and LEP standards for height, scale, articulation, and heritage compatibility. The design fails to properly reflect historic subdivision patterns, presents as three storeys contrary to the two-storey requirement, and does not maintain positive aspects of character or provide an appropriate transition to lower-density or heritage areas. Accordingly, the development application must be refused and the appeal dismissed.

Court Disposition

Appeal dismissed; development application refused.

Orders

  • The appeal is dismissed.
  • The development application (DA2015/1078) for the demolition of the existing buildings and construction of a three storey residential flat building containing 18 units with basement parking for 28 cars at 9-15 Ryde Road, Hunters Hill, is refused.