Melocco & Moore Architects Pty Limited v Hunters Hill Council [2021] NSWLEC 1610

Land and Environment Court New South Wales

Medium Neutral Citation: Melocco & Moore Architects Pty Limited v Hunters Hill Council [2021] NSWLEC 1610 Hearing dates: Conciliation conference held on 26 August 2021 and 17 September 2021 Date of orders: 19 October 2021 Decision date: 19 October 2021 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The Applicant is to pay the Respondents costs thrown away as a result of the amendments of the application for development consent under section 8.15(3) of the Environmental Planning and Assessment Act 1979, in the sum of $20,000 within 28 days. (2) The Applicant's amended written request under clause 4.6 of the Hunters Hill Local Environmental Plan 2012 ('HHLEP'), prepared by ABC Planning dated September 2021 seeking a variation of the development standard for FSR under clause 4.4 of the HHLEP, is upheld. (3) The Applicant's amended written request under clause 4.6 of the Hunters Hill Local Environmental Plan 2012 ('HHLEP'), prepared by ABC Planning dated September 2021 seeking a variation of the development standard for minimum lot size under clause 4.1 of the HHLEP, is upheld. (4) The appeal is upheld. (5) Development Application No. DA2020/1064 for alterations to an approved Residential Flat Building, subdivision of the lot and the construction of a dwelling house at 2 Viret Street, Hunters Hill, is approved subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – common property subdivision – residential flat building and residential dwelling – amenity – minimum lot size and floor space ratio standards non-compliance – cl 4.6 written variation requests – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.15, 4.16 Environmental Planning and Assessment Regulation 2000, cl 55 Hunters Hill Local Environmental Plan 2012 Land and Environment Court Act 1979, s34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy No 65–Design Quality of Residential Apartment Development Strata Schemes Development Act 2015, s 13 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005, cl 5, 64 Texts Cited: Hunters Hill Consolidated Development Control Plan 2013 Category: Principal judgment Parties: Melocco & Moore Architects Pty Limited (Applicant) Hunters Hill Council (Respondent) Representation: Counsel: I Hemmings (Applicant) P Brown (Solicitor) (Respondent)