Hunters Hill Ventures Pty Ltd v Hunters Hill Council [2016] NSWLEC 1614

Hunters Hill Ventures Pty Ltd v Hunters Hill Council [2016] NSWLEC 1614

The amended childcare centre proposal was permissible in the R2 Low Density Residential zone, complied with the principal height and floor space controls, had no significant adverse effect on the heritage conservation area, character or streetscape, and would have acceptable acoustic, traffic, parking, landscape, amenity and infrastructure impacts when assessed under s79C of the Environmental Planning and Assessment Act 1979. The public submissions did not raise any remaining material issue warranting refusal, and the amended plans and agreed conditions provided sufficient certainty for consent to be granted.

Jurisdiction
Australia
Judgment Date
20 December 2016
Procedural Posture
Class 1 Development Appeal Under S97(1)(b) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application No. 2016/1073 / Hearing Following Termination of Mandatory Conciliation Under S 34(4)(b) of the Land and Environment Court Act 1979; Addendum Orders Made in Chambers
Outcome
Appeal upheld; development consent granted subject to conditions and amended plans.
Legal Topics
['childcare Centre Development Application' 'residential Amenity' 'heritage Conservation Area' 'traffic and Parking' 'acoustic Impacts' 'development Control Plan Compliance' 'public Submissions']
['planning and Environment Law' 'development Consent' 'land Use'] ['childcare Centre Development Application' 'residential Amenity' 'heritage Conservation Area' 'traffic and Parking' 'acoustic Impacts' 'development Control Plan Compliance' 'public Submissions']

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Procedural Posture

Class 1 Development Appeal Under S97(1)(b) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application No. 2016/1073 / Hearing Following Termination of Mandatory Conciliation Under S 34(4)(b) of the Land and Environment Court Act 1979; Addendum Orders Made in Chambers

Legal Issues

  1. 1 ['Whether the agreements between the experts were well founded and satisfied the matters for consideration in s79C(1)(a)-(c) of the Environmental Planning and Assessment Act 1979.' 'Whether the matters raised in public submissions should prevent approval of the development application under s79C(1)(d) and (e) of the Environmental Planning and Assessment Act 1979.' 'Whether the impact of the development on heritage, character and streetscape was acceptable.' 'Whether the development met the objectives of the applicable planning controls.' 'Whether the amenity impacts of the development, including acoustic, traffic, parking and waste impacts, were acceptable.' 'Whether the relationship of the development to existing infrastructure was appropriate.']

Ratio Decidendi

The amended childcare centre proposal was permissible in the R2 Low Density Residential zone, complied with the principal height and floor space controls, had no significant adverse effect on the heritage conservation area, character or streetscape, and would have acceptable acoustic, traffic, parking, landscape, amenity and infrastructure impacts when assessed under s79C of the Environmental Planning and Assessment Act 1979. The public submissions did not raise any remaining material issue warranting refusal, and the amended plans and agreed conditions provided sufficient certainty for consent to be granted.

Court Disposition

Appeal upheld; development consent granted subject to conditions and amended plans.

Orders

  • ['The appeal is upheld.' 'Consent is granted to Development Application No. 2016/1073 for the demolition of existing structures and the construction of a single-storey and basement building to be used for a childcare centre with a maximum capacity for 88 children and 14 staff. Lot A and Lot B in DP382736, subject to...