Natour v Hunters Hill Council [2022] NSWLEC 1130

Land and Environment Court New South Wales

Medium Neutral Citation: Natour v Hunters Hill Council [2022] NSWLEC 1130 Hearing dates: Conciliation conference on 17-18 February 2022 Date of orders: 14 March 2022 Decision date: 14 March 2022 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders: (1) The Appeal is upheld. (2) Development Application No. DA-2021/1101, for the demolition of existing buildings, construction of new two storey dwelling, swimming pool and landscaping including tree removal at 15 Centenary Avenue, Hunters Hill NSW 2110, is approved subject to the conditions in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – dwelling house – amended plans – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Hunters Hill Local Environmental Plan 2012, cll 2.7, 4.3, 5.10, 6.2, 6.3, 6.7, 6.9 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy 55—Remediation of Land, cl 7 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005, cll 20, 21, 22, 23, 24, 25, 26, 27, 27A, 27B, Pt 3, Div 2 Category: Principal judgment Parties: Edward Natour (Applicant) Hunters Hill Council (Respondent) Representation: Counsel: M Seymour (Barrister)(Applicant) A Kleiss (Solicitor)(Respondent)