Chon & Kim v Hunters Hill Council [2004] NSWLEC 509

Land and Environment Court of New South Wales

CITATION : Chon & Kim v Hunters Hill Council [2004] NSWLEC 509 APPLICANT Chon & Kim PARTIES : RESPONDENT Hunters Hill Council FILE NUMBER(S) : 10265 of 2004 CORAM: Tuor C. Development Application :- alterations and additions to an existing house KEY ISSUES: solar access bulk and scale streetscape LEGISLATION CITED: Hunters Hill Local Environmental Plan No 1 CASES CITED: DATES OF HEARING: 06/09/2004 EX TEMPORE 09/07/2004 JUDGMENT DATE :

APPLICANT Mr M Fraser Solicitors Lewarne & Goldsmith LEGAL REPRESENTATIVES: RESPONDENT Mr J Reilly Solicitors Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

7 September 2004

10265 of 2004 Chon & Kim v Hunters Hill Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by Hunters Hill Council (council) of a development application for alterations and additions at 9 Luke Street, Hunters Hill. The application involves the partial demolition of the existing single storey house to the rear and construction of a new two-storey addition. The site and its context 2 The site is located on the eastern side of Luke Street opposite St Josephs College. It has a frontage of about 13.69m, a depth of about 32m and an overall area of 432sqm. There is currently a single storey house on the site. 3 The site shares boundaries with four properties that contain 7 dwellings. The property to the south, known as The Pines, 3-7 Luke Street, has four townhouses. Townhouses nine, eight, seven and six have their only area of private open space adjoining the site and facing north. To the north, the site adjoins three houses, which face Short Street.