Cavcorp Australia Pty Ltd v Hunters Hill Council [2021] NSWLEC 1392

Land and Environment Court New South Wales

Medium Neutral Citation: Cavcorp Australia Pty Ltd v Hunters Hill Council [2021] NSWLEC 1392 Hearing dates: 11, 12 February, 6 April and 8 June 2021 Date of orders: 6 July 2021 Decision date: 06 July 2021 Jurisdiction: Class 1 Before: Clay AC Decision: The Court makes the following directions: (1) Direct the Applicant to file agreed amended plans and conditions within 21 days; (2) Grant the parties liberty to apply on two days' notice. Catchwords: MODIFICATION APPLICATION – dwelling house and garage – seeking to regularise work carried out otherwise than in accordance with consent – amendment to modification application which had been made directly to the Court – landscaping context of the site and adequacy of landscaping – whether concrete slab should be retained beneath proposed landscaping – whether construction of structures over easement for services should be approved Legislation Cited: Civil Procedure Act 2005, ss 4, 64, Sch 1 Conveyancing Act 1919, s 88B Environmental Planning and Assessment Act 1979, ss 4.15, 4.55 Hunters Hill Local Environmental Plan 2012, cll 2.3, 5.10, 6.9 Land and Environment Court Act 1979, s 17 Land and Environment Court Rules 2007, r 3.2 Uniform Civil Procedure Rules 2005, r 1.6 Cases Cited: AQC Dartbrook Management Pty Ltd v Minister for Planning and Public Spaces [2021] NSWCA 112 Diab v Cavasinni [2019] NSWLEC 204 Diab v Cavasinni (No 3) [2020] NSWLEC 119 Finlayson v Campbell (1997) 8 BPR 15,703 Middleton and Others v Arthur (2002) 11 BPR 20,263; [2002] NSWSC 627 Segal & Anor v Waverley Council (2005) 64 NSWLR 177; [2005] NSWCA 310 Windy Dropdown Pty Ltd v Warringah Council (2000) 111 LGERA 299; [2000] NSWLEC 240 Hare v Van Brugge [2013] NSWCA 74 Texts Cited: Hunters Hill Consolidated Development Control Plan 2013 Category: Principal judgment Parties: Cavcorp Australia Pty Ltd (Applicant) Hunters Hill Council (First Respondent) Dolly Diab (Second Respondent) Representation: Counsel: J Doyle (Applicant) J Reid (First Respondent) J Hutton (Second Respondent)