Anschau v Hunters Hill Council

[2007] NSWLEC 500

Land and Environment Court

of New South Wales

CITATION:

Anschau v Hunters Hill Council [2007] NSWLEC 500

PARTIES:

APPLICANT
Anschau, John & Anor

RESPONDENT
Hunters Hill Council

FILE NUMBER(S):

10287 of 2007

CORAM:

Bly C

KEY ISSUES:

Development Application :- gate and garage doors, streetscape.

LEGISLATION CITED:

Environmental Planning and Assessment Act 1979
Hunters Hill Local Environmental Plan No. 1
Hunters Hill Development Control Plan NO. 15
Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

DATES OF HEARING:

24 and 26/07/2007

EX TEMPORE JUDGMENT DATE:

26 July 2007

LEGAL REPRESENTATIVES:

APPLICANT
Mrs M L Taylor, solicitor
of Bartier Perry

Mr J. Reilly, solicitor
of Home Wilkinson Lowry, Lawyers

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Bly C

27 July 2007

10287 of 2007 John Anschau v Hunters Hill Municipal Council

This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT

1 This appeal relates to development application No.s 06-1025 which is for the installation of a new entry gate and two garage doors associated with the existing pair of carports and pedestrian access to the property at 57 Huntleys Point Road, Huntleys Point.

2 The matter was initially considered pursuant to s 34 of the Land and Environment Court Act 1979 with the Court identifying the issues involving the impact of the proposed garage doors on the streetscape and their impact on views from Huntleys Point Road towards Tarban Creek, a significant tributary of the Parramatta River. The proposed new entry gate, subject to a minor relocation, was of no concern to the respondent.

3 The site is situated in the residential 2(A)(2) zone under Hunters Hill Local Environmental Plan No. 1 and in this zone dwelling houses are permissible with development consent. Being included in a foreshore scenic protection area, cl 18A provides that consent may not be granted unless an assessment has been made relevantly of the impact of the proposed development on views towards the waterway from Huntleys Point Road being a public road.

4 Also applicable is Hunters Hill Development Control Plan No. 15, that contains a number of relevantly applicable provisions. Those provisions include objectives requiring the preservation of existing views towards waterways and the skyline and the minimisation of the visual impact of development when viewed from adjacent land. Particular provisions dealing with garages and carports are concerned to avoid the detrimental impact that large garage structures, including batteries of garage doors, can have on the townscape.

5 The hearing was conducted on site where I had the opportunity of hearing from the two experts, the applicant’s architect, Mr J Phillips, and the respondent’s consultant town planner, Mr M Adamson. Importantly, I was able to undertake a comprehensive consideration of the impact of the proposed garage doors in the light of the issues and the applicable planning controls by walking some distance beyond the site along Huntleys Point Road. During this inspection I also observed the character of Huntleys Point Road which includes a number of existing garage doors.

6 Towards the end of the hearing alternative garage door designs were considered resulting in the parties indicating that subject to satisfactory amended plans, they were prepared to enter into consent orders for this revised design which has now been tendered in evidence as Exhibit D.

7 I have considered this revised design and I am satisfied that it now comprises an appropriate and satisfactory response to the requirements of the LEP and to the DCP and warrants approval.

8 By consent the appeal will therefore be upheld and conditional development consent granted. Exhibits A, D and 4 will be retained.

_______________________

T Bly

DK