NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Iris Property Group Pty Ltd v Hunters Hill Council [2011] NSWLEC 1231 Hearing dates: 13,16,17 and 19 May 2011 Decision date: 09 August 2011 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is dismissed. 2. The development application for 'shop top' housing at 58-60 Gladesville Road, Hunters Hill is refused. 3. The exhibits may be returned. Catchwords: APPEAL:- development application for shop top housing - variation to the height control, adequacy of front setback, car park access and solar access, effect on heritage significance of items and conservation area. Legislation Cited: State Environmental Planning Policy 65 - Design Quality of Residential Flat Buildings Hunters Hill Local Environmental Plan (Hunters Hill Village) 2009 Cases Cited: Zhang v Canterbury City Council (2001) 115 LGERA 373 Category: Principal judgment Parties: Iris Property Group Pty Ltd (Applicant)
Hunters Hill Council (Respondent) Representation: Counsel Mr C McEwen, SC with Mr M Staunton, barrister (Applicant)
Mr J Cole, solicitor (Respondent) Solicitors Pikes Lawyers (Applicant)
HWL Ebsworth Lawyers (Respondent) File Number(s): 10121 of 2011
Judgment 1This is an appeal against the deemed refusal by Hunters Hill Council (council) of a development application under the Environmental Planning and Assessment Act 1979 (EPA Act) for 'shop top' housing at 58-60 Gladesville Road, Hunters Hill (the site).
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