Cavcorp Australia Pty Ltd v Hunters Hill Council (No 3) [2022] NSWLEC 1003

Land and Environment Court New South Wales

Medium Neutral Citation: Cavcorp Australia Pty Ltd v Hunters Hill Council (No 3) [2022] NSWLEC 1003 Hearing dates: On the papers Date of orders: 6 January 2022 Decision date: 06 January 2022 Jurisdiction: Class 1 Before: Clay AC Decision: The Court orders that: (1) The application to the Court pursuant to s 4.55(8) of the Environmental Planning and Assessment Act 1979 (EP&A Act) to further modify the development consent granted by the Court by orders made on 18 May 2010 (entered 4 June 2010) to development application DA 2008/1096 in proceedings 10977 of 2009 for the construction of a new two-storey dwelling, double detached garage and indoor pool at Lot 3 in Deposited Plan 840284 known as 27 Nelson Parade, Hunters Hill is granted in the terms in Annexure A. (2) As a consequence of order (1) the development consent granted by the Court by orders made on 18 May 2010 (entered 4 June 2010) to development application DA 2008/1096 in proceedings 10977 of 2009 is now in the form of Annexure B. (3) The exhibits be returned other than B, 1R1 and 2R1. 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 determined – conditions filed and orders made Cases Cited: Cavcorp Australia Pty Ltd v Hunters Hill Council (No 2) [2021] NSWLEC 1746 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)