Doyle v Hunters Hill Council [2019] NSWLEC 1620

Land and Environment Court New South Wales

Medium Neutral Citation: Doyle v Hunters Hill Council [2019] NSWLEC 1620 Hearing dates: 11 to 12 November 2019 Date of orders: 17 December 2019 Decision date: 17 December 2019 Jurisdiction: Class 1 Before: Bish C Decision: BIC Appeal 2019/78763

(1) The appeal is dismissed. (2) Building Information Certificate application no. 2018/10 which seeks to regularise unauthorised works that include a rear pergola, rear WC/laundry, front porch/verandah, and front portico on Lot 16 DP 224608, also known as 3 Joly Parade Hunters Hill is refused. (3) The exhibits, except for Exhibits J, H, L and F are returned.

DA Appeal 2019/110343

(4) The appeal is dismissed. (5) Development Application (DA) 2018/1002 which seeks to demolition and reconstruction of an existing driveway, path and (pergola) wall, and use of unauthorised works on Lot 16 DP 224608, also known as 3 Joly Parade Hunters Hill is refused. (6) The exhibits, except for Exhibit G are returned. Catchwords: DEVELOPMENT APPLICATION – new driveway and path in front setback – new pergola wall – use of unauthorised works – consistency with character and streetscape – drainage - insufficiency of information

BUILDING INFORMATION CERTIFICATE – unauthorised works – bulk and scale – character – visual amenity – drainage - insufficiency of information Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Hunters Hill Local Environmental Plan 2012 Cases Cited: Mison v Randwick Municipal Council (1991) 23 NSWLR 734 Texts Cited: Hunters Hill Development Control Plan 2013 Category: Principal judgment Parties: Lance Doyle (Applicant) Hunters Hill Council (Respondent) Representation: Counsel: D Briggs (Solicitor) (Applicants) J Cole (Solicitor) (Respondent)