Atlen Construction Pty Ltd v Hunter’s Hill Council [2019] NSWLEC 1328

Land and Environment Court New South Wales

Medium Neutral Citation: Atlen Construction Pty Ltd v Hunter's Hill Council [2019] NSWLEC 1328 Hearing dates: Conciliation conference on 1 May 2019; 4 July 2019 Date of orders: 12 July 2019 Decision date: 12 July 2019 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders: (1) The Applicant is granted leave to rely on the amended plans listed in condition 2 in Part A of the conditions of consent contained at Annexure "A". (2) The Applicant's written request under clause 4.6 of the HHLEP prepared by Hamptons Property Services dated July 2019 for contravention of the height standard imposed by clause 4.3 of the HHLEP is upheld. (3) The appeal is upheld. (4) Development application no. DA2017/1199 for demolition of existing structures and construction of a new shop top housing development including basement parking, and associated landscaping at 233-235 Victoria Rd, Gladesville, is approved subject to the conditions contained at annexure "A." Catchwords: DEVELOPMENT APPEAL – conciliation conference – residential apartment development – shop top housing – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Hunters Hill Local Environmental Plan 2012 Land and Environment Court Act 1979 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Category: Principal judgment Parties: Atlen Construction Pty Ltd (Applicant) Hunter's Hill Council (Respondent) Representation: Counsel: S Duggan SC (Applicant) M Staunton (Respondent)