Event and Time
Event Description
- This case involves a development application for the demolition of an existing dwelling and the construction of a new two-storey dwelling with associated basement at 37E The Point Road, Woolwich.
- The appeal was made against the deemed refusal of the development application by the Hunters Hill Council.
Application and Claims
- The applicant sought approval for the proposed development, which included an amended request following discussions and assessments.
- The application needed to comply with several planning frameworks, including the Environmental Planning and Assessment Act 1979, State Environmental Planning Policies, and the Hunters Hill Local Environmental Plan 2012.
Judicial Decisions
- The Commissioner ruled that the appeal is upheld and granted consent for Development Application No. 2021/1230, subject to conditions specified in Annexure A.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Claims:
- The proposed development complies with zoning regulations and environmental planning requirements, including floor space ratio and heritage considerations. - The initial opposition from the Hunters Hill Council was unjustified as the development would not adversely affect the heritage significance of the area.
- Council's Arguments:
- Initially deemed the application non-compliant regarding heritage conservation and environmental impacts. - Concerns related to private covenants on building heights and impacts on local amenity.
- Heritage Impact:
- A Heritage Impact Statement (HIS) was submitted supporting the compatibility of the development with the heritage character.