Fahd v Hunters Hill Council [2022] NSWLEC 1247

Land and Environment Court New South Wales

Medium Neutral Citation: Fahd v Hunters Hill Council [2022] NSWLEC 1247 Hearing dates: Conciliation conference on 29 April 2022 and 9 May 2022 Date of orders: 17 May 2022 Decision date: 17 May 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to development application DA/2021/1157 which seeks consent for the demolition of the existing dwelling and swimming pool and construction of a new single dwelling and swimming pool at 27 Dick St Henley, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – dwelling house development in R2 low residential density zone – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Hunters Hill Local Environmental Plan 2012, cll 4.3, 4.4(2A), 5.10, 6.1, 6.2, 6.3, 6.7, 6.9 Land and Environment Court Act 1979, s 34, s 34AA State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005, cll 21-27 Category: Principal judgment Parties: Helen Fahd (Applicant) Hunters Hill Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) J Cole (Solicitor) (Respondent)