K & A Company P/L v Hunters Hill Council [2015] NSWLEC 1359

K & A Company P/L v Hunters Hill Council [2015] NSWLEC 1359

The Court upheld the appeal and approved the development application by consent because the amended plans, documents and agreed conditions addressed the Council's contentions and resident objections, including by reducing height and gross floor area, increasing setbacks, improving amenity and solar access, reducing heritage impact, increasing landscaped/deep soil areas and providing required information, so that the Court was satisfied it was lawful and appropriate to grant consent having regard to the whole of the circumstances.

Jurisdiction
Australia
Judgment Date
02 September 2015
Procedural Posture
Class 1 Development Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Concerning Development Application No. 2013/1152 / Application for Final Consent Orders After Mandatory Conciliation Under S 34 of the Land and Environment Court Act 1979 Was Terminated and Leave Was Granted to Rely on an Amended Proposal
Outcome
Appeal upheld; development application approved by consent subject to conditions.
Legal Topics
['development Application' 'consent Orders' 'residential Flat Building' 'heritage Impact' 'urban Design' 'amenity' 'landscaped Area' 'setbacks']
['planning and Environment Law' 'development Consent'] ['development Application' 'consent Orders' 'residential Flat Building' 'heritage Impact' 'urban Design' 'amenity' 'landscaped Area' 'setbacks']

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Procedural Posture

Class 1 Development Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Concerning Development Application No. 2013/1152 / Application for Final Consent Orders After Mandatory Conciliation Under S 34 of the Land and Environment Court Act 1979 Was Terminated and Leave Was Granted to Rely on an Amended Proposal

Legal Issues

  1. 1 ['Whether it was lawful and appropriate to grant development consent by consent orders for the amended proposal.' "Whether amendments addressed the Council's contentions that the original proposal was an overdevelopment, did not reflect SEPP 65 design quality, caused poor amenity for future occupants, detrimentally affected an adjoining heritage item, had insufficient landscaped area, and provided insufficient information." "Whether resident objectors' concerns about overdevelopment, setbacks, overshadowing, landscaped area and impact on Dunham House had been properly taken into account."]

Ratio Decidendi

The Court upheld the appeal and approved the development application by consent because the amended plans, documents and agreed conditions addressed the Council's contentions and resident objections, including by reducing height and gross floor area, increasing setbacks, improving amenity and solar access, reducing heritage impact, increasing landscaped/deep soil areas and providing required information, so that the Court was satisfied it was lawful and appropriate to grant consent having regard to the whole of the circumstances.

Court Disposition

Appeal upheld; development application approved by consent subject to conditions.

Orders

  • ['The appeal is upheld.' 'By consent, Development Application No. 2013/1152 for alterations and partial demolition of an existing building and construction of a part 4 and 5 storey residential flat building accommodating 21 dwellings and 29 car spaces, at 7 Pittwater Road, Gladesville, is approved, subject to the...