Wilton v Hunters Hill Municipal Council [2001] NSWLEC 246

Land and Environment Court of New South Wales

CITATION : Wilton v Hunters Hill Municipal Council [2001] NSWLEC 246 APPLICANT PARTIES : Warren Wilton RESPONDENT Hunters Hill Municipal Council FILE NUMBER(S) : 10329 of 2001 CORAM: Sheahan J KEY ISSUES: Development Application :- appeal against refusal of consent - consent orders sought by the parties - objector wishing to be heard LEGISLATION CITED: Environmental Planning and Assessment Act 1979 CASES CITED: DATES OF HEARING: 27/09/2001 EX TEMPORE JUDGMENT DATE : 09/27/2001

APPLICANT Mr A Galasso (Barrister) Holman Webb (Solicitors) LEGAL REPRESENTATIVES: RESPONDENT Ms K Gerathy (Solicitor) Abbott Tout (Solicitors)

JUDGMENT:

IN THE LAND AND Matter No: 10329 of 2001 ENVIRONMENT COURT Coram: Sheahan J OF NEW SOUTH WALES 27 September 2001

WARREN WILTON Applicant v

HUNTERS HILL MUNICIPAL COUNCIL Respondent JUDGMENT

1. In this matter the applicant and the Council have reached agreement on proposed alterations at 18 Edgecliff Road Woolwich – described in one objection as "an unusual semi".

2. In short, those alterations involve three elements:

1. Demolition and replacement of a garage facility and provision of a new entrance. 2. Reconfiguration and slight extension of the ground floor of the residence in a westerly direction. 3. Construction of a second storey on the residence.

3. Elements 1 and 2 have implications for the garden area of No.l8, and an SEPP1 objection is before the court for determination. Element 3 has some shadow, view and privacy implications for the adjacent property to the west, which fronts Edgeworth Street as No.16A, but also Elgin Street as No.9.