Coral Sea Estates Pty Ltd v Hunters Hill Council [2023] NSWLEC 1235

Land and Environment Court New South Wales

Medium Neutral Citation: Coral Sea Estates Pty Ltd v Hunters Hill Council [2023] NSWLEC 1235 Hearing dates: Conciliation conference on 17 March, 6 April and 26 April 2023 Date of orders: 17 May 2023 Decision date: 17 May 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the development application pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (2) The appeal is upheld. (3) Development Application DA2022/0114 for the fit out and change of use of the ground floor commercial tenancy within the approved development on the subject site for the purposes of a restaurant/cafe, first floor addition at the southern portion of first floor level for the purposes of the existing first floor dwelling house and business signage at 39 Alexandra Street, Hunters Hill is determined by the grant of consent subject to the conditions set out in Annexure A to this agreement. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to an existing commercial building in B1 Neighbourhood Centre – conciliation conference – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.15 Environmental Planning and Assessment Regulation 2021, cl 37 Hunters Hill Local Environmental Plan 2012, Sch 5, cll 5.10, 6.1, 6.3 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Industry and Employment) 2021, Ch 3, Sch 5 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Coral Sea Estates Pty Ltd (Applicant) Hunters Hill Council (Respondent) Representation: Counsel: A Gough (Solicitor) (Applicant) P Brown (Solicitor) (Respondent)