Qiu v Hunters Hill Council [2021] NSWLEC 1589

Land and Environment Court New South Wales

Medium Neutral Citation: Qiu v Hunters Hill Council [2021] NSWLEC 1589 Hearing dates: Conciliation conference on 29 September 2021 Date of orders: 7 October 2021 Decision date: 07 October 2021 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No. 2020/1223 for a low-pitched metal clad roof over an existing lift and stair lobby structure and a roof terrace, at 28 Lyndhurst Crescent, Hunters Hill, is approved, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Hunters Hill Local Environmental Plan 2012 (2013 EPI 34), cll 4.3, 4.4, 4.6, 5.10 Land and Environment Court Act 1979, ss 34, 39 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005, cll 3, 20 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Ltd v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Category: Principal judgment Parties: Zhang Fu Qiu (First Applicant) Xiao Hui Liu (Second Applicant) Hunters Hill Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Respondent) S Kondilios (Solicitor) (Applicant)