Graham Ormsby and Associates Pty Limited v Hunters Hill Municipal Council [2005] NSWLEC 616

Land and Environment Court of New South Wales

CITATION : Graham Ormsby and Associates Pty Limited v Hunters Hill Municipal Council [2005] NSWLEC 616

APPLICANT Graham Ormsby and Associates Pty Limited

PARTIES : RESPONDENT Hunters Hill Municipal Council

FILE NUMBER(S) : 10496 and 10497 of 2005

CORAM: Hussey C

Appeal :- Alterations and additions to a heritage dwelling - construction of 2 storey garage/studio - impact on heritage item and conservation area - streetscape - amenity of the neighbourhood. KEY ISSUES:

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Hunters Hill Local Environmental Plan No. 1 Hunters Hill Development Control Plan No. 15

DATES OF HEARING: 12/10/2005 and 26/10/2005

DATE OF JUDGMENT: 11/03/2005

APPLICANT Mr A. M. Pickles, barrister instructed by Ms L. Leele, solicitor of Mallesons Stephen Jaques

LEGAL REPRESENTATIVES:

RESPONDENT Mr J. Cole, solicitor of Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

3 November 2005

10497 of 2005 Graham Ormsby and Associates Pty 10496 of 2005 Limited v Hunters Hill Municipal Council

JUDGMENT

Background. 1 These proceedings involve the following two appeals concerning alterations and additions to a heritage listed dwelling situated at No. 18 Prince Edward Parade, Hunters Hill: + Appeal No. 10497 of 2005; an appeal against a s96 application to modify conditions of consent associated with alterations to the existing dwelling, with particular reference to front and side boundary setbacks, + Appeal No. 10496 of 2005; an appeal against councils refusal of development application to demolish an existing, single storey, 3-car garage fronting Gladstone Street and replace it with a 2-car garage and studio above.