Caroli Holdings Pty Ltd v Hunters Hill Council [2007] NSWLEC 6

Land and Environment Court of New South Wales

CITATION : Caroli Holdings Pty Ltd v Hunters Hill Council [2007] NSWLEC 6

APPLICANT Caroli Holdings Pty Ltd PARTIES : RESPONDENT Hunters Hill Council

FILE NUMBER(S) : 10357 of 2006

CORAM: Hoffman C

KEY ISSUES: Appeal :- Deemed refusal of demolition of an existing house, erection of a new house and swimming pool, impact on heritage items and conservation area, height, impacts on amenity, overlooking, view sharing, overshadowing, energy efficiency and solar access, private and public domain, streetscape, stormwater drainage, landscaping, vehicular access, size of garage, impact on bulk

Hunters Hill Local Environmental Plan No. 1 LEGISLATION CITED: Hunters Hill Local Environmental Plan No. 15 Hunters Hill Local Environmental Plan No. 35

DATES OF HEARING: 04/10/2006

DATE OF JUDGMENT: 10 January 2007

APPLICANT Ms H Irish, barrister Instructed by: Mr B Goldsmith, agent LEGAL REPRESENTATIVES: Of: B T Goldsmith Planning Services Pty Ltd

RESPONDENT Mr J Cole, solicitor Of: Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

10 January 2007

10357 of 2006 Caroli Holdings Pty Ltd v Hunters Hill Council

JUDGMENT 1 This is a Class 1 Appeal No. 10357 of 2006 between Caroli Holdings Pty Ltd and Hunters Hill Council in regard to the deemed refusal of the demolition of an existing part 1-storey and part 2-storey house with undercroft, and the erection of a new all 3-storey house and swim pool at No. 3 Martha Street, Hunters Hill. Statement of basic facts The proposal 2 The new house consists of: Lower Ground Floor : Guest Room, Rumpus room, shower, laundry, pool and air conditioning plant room and detention tank;