Galettis v Hunters Hill Council [2022] NSWLEC 1591

Land and Environment Court New South Wales

Medium Neutral Citation: Galettis v Hunters Hill Council [2022] NSWLEC 1591 Hearing dates: Conciliation conference 20-21 October 2022 Date of orders: 21 October 2022 Decision date: 21 October 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-2021/1276, as amended, for alterations and additions to the existing dwelling, including a ground floor and first floor addition, pool, lower ground storage and associated landscaping at 7 Francis St, Hunters Hill, subject to the conditions of consent in Annexure 'B'. Catchwords: DEVELOPMENT APPLICATION — alterations and additions to dwelling house in R2 Low Density Residential zone - heritage conservation area – 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, 5.10, 6.1, 6.2, 6.3, 6.7, 6.9, Sch 5, Part 2, Dictionary Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, s 2.3 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Vegetation in Non-Rural Areas), cl 2.3 Texts Cited: Hunters Hill Consolidated Development Control Plan 2013 Category: Principal judgment Parties: Katherine Galettis (Applicant) Hunters Hill Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) P Brown (Solicitor) (Respondent)