Tanous v Hunter’s Hill Council [2019] NSWLEC 1175

Land and Environment Court New South Wales

Medium Neutral Citation: Tanous v Hunter's Hill Council [2019] NSWLEC 1175 Hearing dates: 18-19 March 2019 Date of orders: 17 April 2019 Decision date: 17 April 2019 Jurisdiction: Class 1 Before: Bish C Decision: The orders of the Court are as follows: (1) The appeal is dismissed. (2) Development Application 2018/1071 to demolish parts of an existing single storey dwelling, tree removal, and to construct additions and alterations to the remaining dwelling structure, with basement parking, on Lot 5 Section 7 DP 810, also known as 9 Grey Street, Henley is refused. (3) The exhibits, except for Exhibits A, 2 and 3, are returned Catchwords: DEVELOPMENT APPLICATION: landscaped area and height non-compliance – cl 4.6 written request for variation – character – bulk and scale – driveway access Legislation Cited: Environmental Planning and Assessment Act 1979 Hunters Hill Local Environmental Plan 2012 Land and Environment Court Act 1979 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Mison v Randwick Municipal Council (1991) 23 NSWLR 734 Texts Cited: Hunters Hill Consolidated Development Control Plan 2013 Category: Principal judgment Parties: Gordy Tanous (First Applicant) Tracey Tanous (Second Applicant) Hunters Hill Council (Respondent) Representation: Solicitors: D Briggs, D.G.Briggs and Associates (Applicants) P Brown, HWL Ebsworth (Respondent) File Number(s): 2018/296710 Publication restriction: No