Zaki v Hunters Hill Council [2022] NSWLEC 1228

Land and Environment Court New South Wales

Medium Neutral Citation: Zaki v Hunters Hill Council [2022] NSWLEC 1228 Hearing dates: Conciliation conference on 14 April 2022 Date of orders: 03 May 2022 Decision date: 03 May 2022 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Consent No. 2020/1079 for the demolition of ancillary structures, alterations and additions to 'Dunham House', and construction of a new two storey building over a basement car park, with associated landscaping works and tree removal, for use as a childcare centre for 101 children, at 2 Massey Street, Gladesville, is modified, subject to the consolidated conditions of consent at Annexure A. Catchwords: MODIFICATION APPLICATION – modify the approved development – childcare centre – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.55 Environmental Planning and Assessment Regulation 2000 cl 121B Environmental Planning and Assessment Regulation 2021 Sch 6 Land and Environment Court Act 1979, s 34 Hunters Hill Local Environmental Plan 2012, Sch 5, cl 5.10 Cases Cited: Raland Constructions Pty Ltd v Hunters Hill Council [2021] NSWLEC 1535 Raland Constructions Pty Ltd v Hunters Hill Council (No 2) [2021] NSWLEC 1572 Category: Principal judgment Parties: Maged Zaki (Applicant) Hunters Hill Council (Respondent) Representation: Counsel: M Staunton (Applicant) J Cole (Solicitor) (Respondent)