Litting v Hunters Hill Council [2005] NSWLEC 636

Land and Environment Court of New South Wales

CITATION : Litting v Hunters Hill Council [2005] NSWLEC 636

Applicant: Ken Litting PARTIES : Respondent: Hunters Hill Council

FILE NUMBER(S) : 10228 of 2005

CORAM: Roseth SC

Development Application :- impact on censervation area KEY ISSUES: impact on neighbours

DATES OF HEARING: 16/09/2005 and 09/11/2005

DATE OF JUDGMENT: 11/10/2005

Applicant: Mr C Gough, solicitor of Storey & Gough LEGAL REPRESENTATIVES: Respondent: Mr G Riley, solicitor of Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

10 November 2005

10228 of 2005 Ken Litting & Associates Pty Ltd v Hunters Hill Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the deemed refusal by Hunters Hill Council (the council) of a development application to demolish the existing house and erect a new dwelling house on lot 71 DP 7431, known as 18 Sunnyside Street, Gladesville. While at the beginning of the hearing on 16 September 2005 the parties were at issue, by its end they had reached agreement and sought consent orders.

The site 2 The site is on the western side of Sunnyside Crescent. It is rectangular, with a frontage of 12m and a depth of 50m, and an area of 613m2. There is a fall of 4.5m from the northwest to the southeast corner. The front of the site is 400mm above footpath level. 3 The locality is a heritage conservation area, characterised by single-storey brick cottages built in the early 1900s. Nos 2-16 and 20-52 have been identified as contributory buildings. Several houses in the area have had upper floor additions. No 16, owned by Mr S Weaver and Ms D Slack, is a partly two-storey house to the south of the subject site.