Mahony v Hunter’s Hill Council [2023] NSWLEC 1650

Land and Environment Court New South Wales

Medium Neutral Citation: Mahony v Hunter's Hill Council [2023] NSWLEC 1650 Hearing dates: Conciliation conference on 19 October 2023 Date of orders: 03 November 2023 Decision date: 03 November 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant's written request pursuant to cl 4.6 of the Hunters Hill Local Environmental Plan 2012 seeking a variation to the development standard for height of buildings set out in cl 4.3 of the Hunters Hill Local Environmental Plan 2012 prepared by Paro Consulting dated 13 October 2023 is upheld. (2) The appeal is upheld. (3) Development consent is granted to development application number DA20230023, seeking consent for alterations and additions to existing dwelling, including lift and swim spa at Lot 17, Section 5 in DP810 also known as 8 Dick Street, Henley, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to dwelling – heritage conservation – conciliation conference – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2021, s 38 Hunters Hill Local Environmental Plan 2012, cll 4.3, 4.4, 4.6, 5.10, 6.1, 6.2, 6.3, 6.9, Sch 5 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 Cases Cited: Bettar v Council of the City of Sydney [2014] NSWLEC 1070 Texts Cited: Hunters Hill Development Control Plan 2013 Category: Principal judgment Parties: Paul John Mahony (First Applicant) Linda Jane Govenlock (Second Applicant) Hunter's Hill Council Representation: Counsel: G Visentin (Solicitor)(First and Second Applicant) P Brown (Solicitor)(Respondent)