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) Solicitors: D C Balog & Associates (Applicant) HWL Ebsworth Lawyers (First Respondent) Sparke Helmore Lawyers (Second Respondent) File Number(s): 2019/403392 Publication restriction: Nil Judgment 1. COMMISSIONER: On 21 December 2021 I delivered my judgment in relation to the conditions in dispute between the parties (Cavcorp Australia Pty Ltd v Hunters Hill Council (No 2) [2021] NSWLEC 1746) and directed the parties to file conditions in accordance therewith. 2. On 24 December 2021 the parties filed agreed conditions which I accept properly reflect my reasons for judgment and therefore I make the following orders. 3. 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. ………………………… P Clay Acting Commissioner of the Court Annexure A (164221, pdf) Annexure B (329461, pdf) ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 06 January 2022