John Haralambides v Hunters Hill Council [2016] NSWLEC 1657

John Haralambides v Hunters Hill Council [2016] NSWLEC 1657

The proposed modifications are, after qualitative and quantitative assessment, essentially and materially the same as the approved development and do not create unacceptable impacts; privacy and amenity concerns are addressed by design changes (balcony setback and privacy screen), and statutory planning controls are satisfied.

Parties
Applicant: John Haralambides; Respondent: Hunters Hill Council
Jurisdiction
Australia
Judgment Date
05 October 2016
Procedural Posture
Class 1 Appeal / Final Determination of S96 AA Modification Appeal
Outcome
Appeal upheld; modification approved with conditions.
Legal Topics
Development Modification, Building Consent, Amenity Impact, Privacy, Foreshore Building Line
Planning and Environment Development Modification Building Consent Amenity Impact Privacy Foreshore Building Line

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Parties

John Haralambides

Applicant

Hunters Hill Council

Respondent

Procedural Posture

Class 1 Appeal / Final Determination of S96 AA Modification Appeal

Legal Issues

  1. 1 Whether the proposed modifications result in development that is substantially the same as originally approved
  2. 2 Whether the modifications would have unacceptable impacts on amenity, privacy, and visual impact from the foreshore
  3. 3 Whether the modifications comply with the relevant planning controls

Ratio Decidendi

The proposed modifications are, after qualitative and quantitative assessment, essentially and materially the same as the approved development and do not create unacceptable impacts; privacy and amenity concerns are addressed by design changes (balcony setback and privacy screen), and statutory planning controls are satisfied.

Court Disposition

Appeal upheld; modification approved with conditions.

Orders

  • Appeal allowed.
  • Consent granted to s96 modification application to modify Development Consent No. 2014/1139, subject to amended plans and conditions (including 1.1m balcony setback and Council's draft conditions except draft condition 8A).