Cavcorp Australia Pty Ltd v Hunters Hill Council (No 2) [2021] NSWLEC 1746

Land and Environment Court New South Wales

Medium Neutral Citation: Cavcorp Australia Pty Ltd v Hunters Hill Council (No 2) [2021] NSWLEC 1746 Hearing dates: 28 September 2021, written submissions 20 October (Applicant), 21 October (First Respondent and Second Respondent), 27 October (Applicant in reply) Date of orders: 21 December 2021 Decision date: 21 December 2021 Jurisdiction: Class 1 Before: Clay AC Decision: The Court makes the following direction: (1) The Council is to file within 2 days conditions of the approval of the modification application and the modified consent in accordance with this judgment. Catchwords: MODIFICATION APPLICATION – dwelling house and garage – seeking to regularise work carried out otherwise than in accordance with consent – modification determined after earlier hearing and judgment required further amendment to modification application and amended conditions – modification application amended – dispute over conditions Legislation Cited: Environmental Planning and Assessment Act 1979 Cases Cited: Cavcorp Australia Pty Ltd v Hunters Hill Council [2021] NSWLEC 1392 Cavcorp Australia Pty Ltd v Hunters Hill Council [2021] NSWLEC 104 Diab v Cavasinni [2019] NSWLEC 204 Diab v Cavasinni (No 3) [2020] NSWLEC 119 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)