The Turnbull Group Pty Ltd v Hunters Hill Council [2004] NSWLEC 390

Land and Environment Court of New South Wales

CITATION : The Turnbull Group Pty Ltd v Hunters Hill Council [2004] NSWLEC 390 APPLICANT The Turnbull Group Pty Ltd PARTIES : RESPONDENT Hunters Hill Council FILE NUMBER(S) : 10172 of 2004 CORAM: Nott C KEY ISSUES: Development Application :- Proposed demolition of a waterfront sandstone cottage (c. 1905) and the erection of a new house - conservation area - evidence from Court-appointed expert - possible alternatives involving retention of the cottage - consent refused LEGISLATION CITED: Hunters Hill Local Environmental Plan No. 1 CASES CITED: DATES OF HEARING: 24 and 25 June 2004 EX TEMPORE 06/25/2004 JUDGMENT DATE :

APPLICANT Mr S Klinger, solicitor

LEGAL REPRESENTATIVES: RESPONDENT Ms K Gerathy, solicitor SOLICITORS Abbott Tout

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Nott C

25 June 2004

10172 of 2004 The Turnbull Group Pty Ltd v Hunters Hill Council

JUDGMENT 1 This is an appeal against the council's deemed refusal of a development application to demolish a dwelling at No. 20 Wybalena Road, Hunters Hill, and to erect a new dwelling house.

2 The existing cottage on the site was constructed circa 1905 and is not listed as a heritage item but it is located within the Hunters Hill conservation area under the Hunters Hill Local Environmental Plan No. 1.

3 The principal issue in the hearing was whether the existing cottage could be demolished.

4 I have had the benefit of evidence from a Court-appointed expert on the question whether the cottage may be demolished. The practice direction envisages that the Court may appoint a particular expert relating to an issue between the parties. It was considered that this matter was suitable for the appointment of a heritage consultant. The parties were requested to agree upon an expert and they did so; and Mr D Logan (architect, planner and heritage consultant) was the expert who produced a statement of evidence dated June 2004, exhibit 5. Mr Logan annexed to his statement relevant reports produced to him by both parties. Perhaps the most important report from the applicant's point of view was the statement of heritage impact by Ms A Roche of Graham Brooks and Associates Pty Ltd.