McLain v Hunters Hill Council [2011] NSWLEC 1390

Land and Environment Court New South Wales

Medium Neutral Citation: McLain v Hunters Hill Council [2011] NSWLEC 1390 Hearing dates: 13, 14 and 23 December 2011 Decision date: 23 December 2011 Jurisdiction: Class 1 Before: Dixon C Decision: (1)The appeal is upheld. (2)Development consent is granted to development application number 2010/1085 for the demolition of the dwelling houses and the construction of a medium density residential flat development containing six units with basement parking at numbers 25-27 Ryde Road, Hunters Hill, subject to the conditions in Annexure A. (3)The exhibits are returned on publication of the judgment. Catchwords: DEVELOPMENT APPEAL - demolition of dwelling houses and construction of residential flat building; whether the development is an appropriate interface between the medium density zone and the residential zone; its relationship with the adjoining conservation area and heritage items Legislation Cited: Environmental Planning and Assessment Act 1979 The Hunters Hill Village 2009 Local Environmental Plan (the LEP) Hunters Hill Local Environmental Plan No 1 Hunters Hill Development Control Plan for Hunters Hill Village Hunters Hill Development Control Plan No 15 - Residential Development Hunters Hill Development Control Plan No 25 - Sustainable Water State Environmental Planning Policy Number 65 - Design Quality of Residential Flat Development and the Residential Design Code Category: Principal judgment Parties: McLain (Applicant)