Atlen Construction Pty Ltd v Hunters Hill Council [2019] NSWLEC 1329

Land and Environment Court New South Wales

Medium Neutral Citation: Atlen Construction Pty Ltd v Hunters Hill Council [2019] NSWLEC 1329 Hearing dates: Conciliation Conference on 1 May 2019 and 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 Applicant's written request under clause 4.6 of the HHLEP prepared by Hamptons Property Services dated July 2019 for contravention of the FSR standard imposed by clause 4.4 of the HHLEP is upheld. (4) The appeal is upheld. (5) Development application no. DA2017/1197 seeking development consent for demolition of existing structures and construction of a new shop top housing development including basement parking and associated landscaping at 223-227 Victoria Rd, Gladesville, is approved subject to the conditions contained at annexure "A." Catchwords: DEVELOPMENT APPEAL – conciliation conference –residential apartment development – shop top housing – retail frontage to street – agreement between the parties – orders Legislation Cited: Conveyancing Act 1919 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Environmental Planning and Assessment Regulation 2000 Hunters Hill Local Environment 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 Texts Cited: Apartment Design Guide Category: Principal judgment Parties: Atlen Construction Pty Ltd (Applicant) Hunters Hill Council (Respondent) Representation: Counsel: S Duggan SC (Applicant) M Staunton (Respondent)