Hunters Hill Developments Pty Ltd v Hunters Hill Council

Land and Environment Court New South Wales Medium Neutral Citation: Hunters Hill Developments Pty Ltd v Hunters Hill Council [2016] NSWLEC 1180 Hearing dates:15, 16 and 29 February 2016Date of orders: 19 May 2016 Decision date: 19 May 2016 Jurisdiction:Class 1Before: Tuor C Decision: (1)   The appeal is dismissed.(2)   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.(3)   The exhibits, except Exhibit 1, are returned. Catchwords: DEVELOPMENT APPLICATION: Residential flat building. Height, bulk and scale; impact on streetscape and significance of heritage conservation area; residential amenity. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Hunters Hill Local Environmental Plan 2012 State Environmental Planning Policy No. 65 - Design Quality of Residential Flat Development Cases Cited: Botany Bay City Council v Premier Customs Services Pty Ltd [2009] NSWCA 226 Zhang v Canterbury City Council [2001] NSWCA 167. Category:Principal judgmentParties: Hunters Hill Developments Pty Ltd (Applicant)   Hunters Hill Council (Respondent) Representation: Counsel: Mr J Robson SC (Applicant)   Mr M Staunton (Respondent)   Solicitors: Mr C Drury, Sparke Helmore (Applicant)   Mr J Cole, HWL Ebsworth Lawyers (Respondent) File Number(s):10751 of 2015Judgment Hunters Hill Developments Pty Ltd (applicant) is appealing under s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal of a development application (DA2015/1078) by Hunters Hill Council (council) for demolition of the...