Issa v Hunter’s Hill Council [2023] NSWLEC 1691

Land and Environment Court New South Wales

Medium Neutral Citation: Issa v Hunter's Hill Council [2023] NSWLEC 1691 Hearing dates: Conciliation conference on 30 October 2023 Date of orders: 17 November 2023 Decision date: 17 November 2023 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) The cl 4.6 requests for variations to the (a) floor space ratio development standard (cl 4.4 of Hunters Hill Local Environmental Plan 2012); and (b) landscaped area development standard (cl 6.9 of Hunters Hill Local Environmental Plan 2012), both prepared by Andrew Martin Planning and dated October 2023, are upheld. (2) The appeal is upheld. (3) Development application DA 2023/0026 for minor addition (new entry) to an existing dwelling, construction of a new front fence with gate and alterations and additions to an existing side masonry fence/wall at 43A Wybalena Road, Hunters Hill, is determined by the grant of development consent subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – clause 4.6 request to vary Floor Space Ratio and Landscape Area development standards –agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 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, 6.7, 6.9, Sch 5 Land and Environment Court Act 1979, s 34AA State Environmental Planning Policy (Biodiversity and Conservation) 2021 Ch 6, Pt 6.2, ss 6.6-6.11, Pt 6.3, s 6.28 State Environmental Planning Policy (Building Sustainability Index) (BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Georgette Issa (Applicant) Hunter's Hill Council (Respondent) Representation: Counsel: J Palmer (Solicitor) (Applicant) P Brown (Solicitor) (Respondent)