Minassian v Hunter’s Hill Council [2023] NSWLEC 1101

Land and Environment Court New South Wales

Medium Neutral Citation: Minassian v Hunter's Hill Council [2023] NSWLEC 1101 Hearing dates: Conciliation conference on 6 March 2023 Date of orders: 08 March 2023 Decision date: 08 March 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicants are granted leave to rely upon the amended plans and documentation referred to in the index annexed hereto and marked "Annexure A". (2) The Applicants' written request under clause 4.6 of the Hunters Hill Local Environmental Plan 2012 prepared by Corona Projects, dated 6 March 2023, regarding the landscaped area for dwelling houses standard under clause 6.9 of the Hunters Hill Local Environmental Plan 2012, is upheld. (3) The appeal is upheld. (4) Development consent is granted to Development Application No. 2022/0160, as amended during Land and Environment Court of New South Wales Proceedings No. 2022/00325544, for development comprising alterations and additions to an existing dwelling house at Lot 3 in Deposited Plan 545531, known as 28 Martin Street, Hunters Hill, subject to the conditions of consent annexed hereto and marked "Annexure B". Catchwords: DEVELOPMENT APPLICATION: alterations and additions to dwelling house in R2 Low Residential Density zone – conciliation conference – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2021, s 37 Hunters Hill Local Environmental Plan 2012, cll 4.3, 4.4, 4.6, 5.10, 6.1, 6.2, 6.7, 6.9 Land and Environment Court Act 1979, s 34, s34AA State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Linda Minassian (Applicant 1) Alan Docherty (Applicant 2) Hunter's Hill Council (Respondent) Representation: Counsel: K Huxley (Solicitor) (Applicant) P Brown (Solicitor) (Respondent)