Trustees of the Marist Fathers for the Province of Australia v Hunters Hill Council [2019] NSWLEC 1255

Land and Environment Court New South Wales

Medium Neutral Citation: Trustees of the Marist Fathers for the Province of Australia v Hunters Hill Council [2019] NSWLEC 1255 Hearing dates: 28 -30 May 2019 Date of orders: 07 June 2019 Decision date: 07 June 2019 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development application DA 2017/1180 for subdivision of two (2) existing zoned residential land parcels to create two (2) separate residential lots and a residue lot containing the existing Church building and heritage curtilage, together with minor internal realignment of the driveway and carpark and stormwater drainage works (including minor earthworks and tree removal relating to the stormwater works) at Lots 2 and 3 in DP 1116569, known as 5 Crescent Street, Hunters Hill is refused. (3) The exhibits are returned with the exception of Exhibits 1 and A. Catchwords: DEVELOPMENT APPLICATION–Subdivision of St Peter Chanel Church land – whether the site is suitable for the proposed development – assessment of visual impact - whether the development has an adverse heritage impact – appeal dismissed Legislation Cited: Contaminated Land Management Act 1997 Environmental Planning and Assessment Act 1979 Hunters Hill Local Environmental Plan 2012 Land and Environment Court Act 1979 State Environmental Planning Policy No 55 – Remediation of Land State Regional Environmental Planning Policy – Sydney Harbour Catchment 2005 Cases Cited: Conservation of North Ocean Shores Inc v Byron Shire Council (2009) 167 LGERA 52; [2009] NSWLEC 69 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Moorebank Recyclers Pty Ltd v Benedict Industries Pty Ltd [2015] NSWLEC 40 Parrott v Kiama [2004] NSWLEC 77 Shoalhaven City Council v Lovell [1996] 136 FLR 58 Wehbe v Pittwater Council (2007) 256 LGERA 446; [2007] NSWLEC 827 Texts Cited: "Managing land contamination planning guidelines: SEPP 55 – remediation of land", Department of Urban Affairs and Planning & Environment Protection Authority NSW, 1998 Guideline on Derivation of Health Based Investigation Levels, National Environmental Protection Council. Hunters Hill Development Control Plan 2013 Category: Principal judgment Parties: Trustees of the Marist Fathers for the Province of Australia (Applicant) Hunters Hill Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) M Staunton (Respondent)