Kalkanas v Hunters Hill Council

Land and Environment Court New South Wales Medium Neutral Citation: Kalkanas v Hunters Hill Council [2016] NSWLEC 1411 Hearing dates:18,19 August 2016Date of orders: 14 September 2016 Decision date: 14 September 2016 Jurisdiction:Class 1Before: Brown C Decision: 1. The appeal is dismissed.2. Development Application No 2015/1205 for the demolition of the existing dwelling and construction of a new dwelling and swimming pool at 2 Vernon Street, Hunters Hill is refused.3. The exhibits are returned with the exception of exhibits 1 and A. Catchwords: DEVELOMENT APPLICATION: demolition of the existing dwelling and construction of a new dwelling and swimming pool – whether the demolition of the existing dwelling will have an unacceptable impact on the heritage significance of the heritage conservation area – whether the proposed dwelling does not properly respond to the heritage significance of the heritage conservation area Legislation Cited: Environmental Planning and Assessment Act 1979 Hunters Hill Local Environmental Plan 2012 Land and Environment Court Act 1979 Texts Cited: Conservation Areas: Guidelines for Managing Change in Heritage Conservation Areas Category:Principal judgmentParties: Liane Kalkanas (Applicant) Hunters Hill Council (Respondent) Representation: Counsel: Mr M Staunton, barrister (Applicant) Ms J Reid, barrister (Respondent)   Solicitors: Wilshire Staunton Webb Beattie (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s):2016/00158882Publication restriction:NoJudgment COMMISSIONER: This is an appeal against the refusal of Development Application No 2015/1205 that seeks the demolition of the existing dwelling and construction of a new dwelling and swimming pool at 2 Vernon Street, Hunters Hill (the site). The proposed new dwelling includes excavation, double...