Ainsworth v Hunters Hill Council [2022] NSWLEC 1268

Land and Environment Court New South Wales

Medium Neutral Citation: Ainsworth v Hunters Hill Council [2022] NSWLEC 1268 Hearing dates: Conciliation conference on 26 April 2022 Date of orders: 9 June 2022 Decision date: 09 June 2022 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No. 2021/1115 for a boundary realignment with 16 Viret Street, Hunters Hill, and construction of a new dwelling at 24 Viret Street, Hunters Hill, is determined by the grant of consent, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION — boundary realignment and construction of a new dwelling – heritage conservation area – conciliation conference — agreement between the parties Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2000 Environmental Planning and Assessment Regulation 2021, cl 3 Hunters Hill Local Environmental Plan 2012, cll 4.6, 6.6, 6.7, 6.9 Land and Environment Court Act 1979, ss 34, 34AA, 39 Cases Cited: Cumming v Cumberland Council (No 2) [2021] NSWLEC 117 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Category: Principal judgment Parties: Simon Ainsworth (First Applicant) Anne Marie Ainsworth (Second Applicant) Hunters Hill Council (Respondent) Representation: Counsel: J Lazarus SC (Applicant) S Kondilios (Solicitor) (Respondent)