Kakakios v Hunters Hill Council [2023] NSWLEC 1775

Land and Environment Court New South Wales

Medium Neutral Citation: Kakakios v Hunters Hill Council [2023] NSWLEC 1775 Hearing dates: Conciliation conference on 14 December 2023 Date of orders: 20 December 2023 Decision date: 20 December 2023 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, and as agreed, the applicants are to pay the respondent's costs thrown away as a result of amending the Development Application in the agreed sum of $20,000, within 28 days of the date of these orders. (2) The appeal is upheld. (3) Development Application No. DA20220203, as amended, for the construction of a centre-based child care facility with a capacity of 39 children, including basement car parking for seven (7) vehicles at 26 Farnell Street, Hunters Hill is determined by the grant of consent subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Education and Care Services National Regulations, regs 107, 108 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15(3) Environmental Planning and Assessment Regulation 2021, s 38(1) Hunters Hill Local Environmental Plan 2012, cll 2.3, 2.7, 6.1, 6.2, 6.3 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 10; s 10.10 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 3.22, 3.23, 3.25 Texts Cited: Department of Urban Affairs and Planning and Environment Protection Authority, Managing Land Contamination Planning Guidelines SEPP 55—Remediation of Land (1998) Hunters Hill Development Control Plan 2013 Category: Principal judgment Parties: Con Kakakios (First Applicant) Mary Kakakios (Second Applicant) Hunters Hill Council (Respondent) Representation: Counsel: M Staunton (Applicants) P Brown (Solicitor) (Respondent)