Perea v Hunters Hill Council [2023] NSWLEC 1297

Land and Environment Court New South Wales

Medium Neutral Citation: Perea v Hunters Hill Council [2023] NSWLEC 1297 Hearing dates: Conciliation conference on 8 June 2023 Date of orders: 15 June 2023 Decision date: 15 June 2023 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA2021/1199, which seeks tree removal, earthworks, retaining structures, landscaping and the construction of a swimming pool on Lot 202 in Deposited Plan 873454, also known as 44A Barons Crescent, Hunters Hill is determined by the grant of consent, subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – swimming pool – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, ss 49, 55 Hunters Hill Local Environmental Plan 2012, cll 2.3, 6.1, 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, 6.9 Land and Environment Court Act 1979, s 34, 34AA State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 6.28 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 Swimming Pools Regulation 2018, cl 5 Texts Cited: Australian Building Codes Board, Building Code of Australia, 1996 Hunters Hill Development Control Plan 2013 Category: Principal judgment Parties: Jose Miguel Herrera Perea (Applicant) Hunters Hill Council (Respondent) Representation: Counsel: J Smith (Applicant) Brown (Respondent)