Raland Constructions Pty Ltd v Hunters Hill Council (No 2) [2021] NSWLEC 1572

Land and Environment Court New South Wales

Medium Neutral Citation: Raland Constructions Pty Ltd v Hunters Hill Council (No 2) [2021] NSWLEC 1572 Hearing dates: 9-11 August 2021 Date of orders: 28 September 2021 Decision date: 28 September 2021 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application 2020-1079 seeking consent for demolition of the existing structures ancillary to a new 2 storey child care centre for 101 children, as amended, above a basement car parking level with associated landscaping, fences, paving and tree removal at 2 Massey Street, Gladesville, subject to the conditions of consent at Annexure A. (3) All exhibits are returned, except for Exhibits A, B, C, D, E, F, H, P and 7. Catchwords: DEVELOPMENT APPLICATION – centre based child care – heritage conservation area – item of local heritage significance – acoustic amenity of neighbouring properties – the suitability of the site for the development Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Cases Cited: Raland Constructions Pty Ltd v Hunters Hill Council [2021] NSWLEC 1535 Category: Principal judgment Parties: Raland Construction Pty Ltd (Applicant) Hunter's Hill Council (Respondent) Representation: Counsel: J Reid (Applicant) N Eastman (Respondent)

Solicitors: Swaab (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s): 20/342950 Publication restriction: No