Anschau v Hunters Hill Council [2007] NSWLEC 500

Land and Environment Court of New South Wales

CITATION : Anschau v Hunters Hill Council [2007] NSWLEC 500

APPLICANT Anschau, John & Anor PARTIES : RESPONDENT Hunters Hill Council

FILE NUMBER(S) : 10287 of 2007

CORAM: Bly C

KEY ISSUES: Development Application :- gate and garage doors, streetscape.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Hunters Hill Local Environmental Plan No. 1 Hunters Hill Development Control Plan NO. 15 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

DATES OF HEARING: 24 and 26/07/2007

EX TEMPORE JUDGMENT DATE : 26 July 2007

APPLICANT Mrs M L Taylor, solicitor of Bartier Perry LEGAL REPRESENTATIVES:

Mr J. Reilly, solicitor of Home Wilkinson Lowry, Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

27 July 2007

10287 of 2007 John Anschau v Hunters Hill Municipal Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT

1 This appeal relates to development application No.s 06-1025 which is for the installation of a new entry gate and two garage doors associated with the existing pair of carports and pedestrian access to the property at 57 Huntleys Point Road, Huntleys Point.

2 The matter was initially considered pursuant to s 34 of the Land and Environment Court Act 1979 with the Court identifying the issues involving the impact of the proposed garage doors on the streetscape and their impact on views from Huntleys Point Road towards Tarban Creek, a significant tributary of the Parramatta River. The proposed new entry gate, subject to a minor relocation, was of no concern to the respondent.