Castlenorth Pty Limited v Hunters Hill Council [2005] NSWLEC 383

Land and Environment Court of New South Wales

CITATION : Castlenorth Pty Limited v Hunters Hill Council [2005] NSWLEC 383

APPLICANT Castlenorth Pty Limited PARTIES : RESPONDENT Hunters Hill Council

FILE NUMBER(S) : 10205 of 2005

CORAM: Roseth SC - Brown C

KEY ISSUES: Development Application :- demolition of the existing buildings and the construction of a three-storey retail/commercial and residential development - SEPP 1 objection to height - streetscape - character of area - internal amenity - landscaped area - private open space

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Plan Policy No. 65 Hunters Hill Local Environmental Plan No. 1

DATES OF HEARING: 12/07/05, 13/07/05

DATE OF JUDGMENT: 07/20/2005

APPLICANT Ms S Hill, solicitor SOLICITORS Susan Hill & Associates LEGAL REPRESENTATIVES: RESPONDENT Mr J Cole, solicitor SOLICITORS Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC with Brown C

20 July 2005

10205 of 2005 Castlenorth Pty Limited v Hunters Hill Council

JUDGMENT

COMMISSIONERS : This is an appeal against the deemed refusal of Development Application No. 04–1070 by Hunters Hill Council (the council) for the demolition of the existing buildings and the construction of a three-storey retail/commercial and residential development at 63–67 High Street, Hunters Hill (the site). 1 We record that we inspected the site and surrounding areas on the morning of the first day of the hearing with representatives from both parties. A number of local residents provided their evidence at this time.