Concrete Pty Ltd v Hunters Hill C [2006] NSWLEC 803

Land and Environment Court of New South Wales

CITATION : Concrete Pty Ltd v Hunters Hill C [2006] NSWLEC 803

APPLICANT Concrete Pty Limited PARTIES : RESPONDENT Hunters Hill Council

FILE NUMBER(S) : 10981 of 2005

CORAM: Hoffman C

KEY ISSUES: Appeal :- subdivision of one lot into two and demolition of existing dwelling, landscape, vegetation, streetscape, heritage, harbour foreshore protection, bushfire hazard

Environmental Planning and Assessment Act 1979 Rural Fires Act 1997 LEGISLATION CITED: Planning for Bushfire Protection Act 2001 Hunters Hill Local Environmental Plan No. 1 including Amendments Sydney Regional Plan-Sydney Harbour 2005 (SREP)

CASES CITED: Parrot V Kiama [2004] NSWLEC77.

DATES OF HEARING: 04/05/2006, 05/05/2006, 31/05/2006, 14/08/2006

DATE OF JUDGMENT: 12/29/2006

APPLICANT Mr J. Robson, SC Instructed by Mr P. Costa of Costa and Associates LEGAL REPRESENTATIVES:

RESPONDENT Mr J. Cole of Abbott Tout solicitors

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Commissioner Hoffman

29 December 2006

10981 of 2005 Concrete Pty Limited v Hunters Hill Council

JUDGMENT 1 This is a class 1 appeal in regard to the refusal of DA No.03-1154 at 39 Bonnefin Rd, Hunters Hill, to subdivide an existing lot into two and demolish the existing house, construct an elevated 4-car carpark up near the street, associated walls, paving, landscaping, stairs down from the car park and landing at the base of the carpark, detention tank under the carpark, inter-allotment drainage and services connections.