Douzaklian v Hunters Hill Council [2022] NSWLEC 1356

Land and Environment Court New South Wales

Medium Neutral Citation: Douzaklian v Hunters Hill Council [2022] NSWLEC 1356 Hearing dates: Conciliation conference on 24 May 2022 Date of orders: 07 July 2022 Decision date: 07 July 2022 Jurisdiction: Class 1 Before: O'Neill C Decision: The order of the Court are: (1) The appeal is upheld. (2) Development Application No. 2021/1230, for demolition of the existing dwelling and construction of a two-storey dwelling with associated basement, at 37E The Point Road, Woolwich (Lot 4 DP 226470, Lot 1 DP1117615 and Lot 1 DP 573409), is determined by the grant of consent, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – demolition of an existing dwelling and construction of a new dwelling – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Environmental Planning and Assessment Regulation 2021, Sch 6 Hunters Hill Local Environmental Plan 2012, cll 1.9, 4.3, 4.4, 5.10, 6.2, 6.3, 6.5, 6.6, 6.7, 6.9 Land and Environment Court Act 1979, s 34AA State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021 Category: Principal judgment Parties: Haroutoun Douzaklian (Applicant) Hunters Hill Council (Respondent) Representation: Counsel: M Staunton (Applicant) J Cole (Solicitor) (Respondent)