Ashley v Hunter’s Hill Council [2024] NSWLEC 1033

Land and Environment Court New South Wales

Medium Neutral Citation: Ashley v Hunter's Hill Council [2024] NSWLEC 1033 Hearing dates: Conciliation conference 30 January 2023 Date of orders: 01 February 2024 Decision date: 01 February 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application number DA20230005, as amended, for construction of a first floor addition over the existing garage and its use as a secondary dwelling on land identified as Lot 1 in Deposited Plan 929967 an known as 9 Alexandra Street, Hunters Hill NSW 2110, is determined by the grant of development consent subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION: Alterations and additions to a residential dwelling and garage – use as a secondary dwelling – conciliation conference – agreement between the parties – orders made. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, ss 23, 38 Hunters Hill Local Environmental Plan 2012 cll 4.3, 4.4, 4.6, 5.4, 5.10, 6.3, 6.9, Sch 5 Land and Environmental 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 Texts Cited: Hunters Hill Development Control Plan 2013 Category: Principal judgment Parties: Nathan William Ashley (First Applicant) Fiona Marr (Second Applicant) Hunter's Hill Council (Respondent) Representation: Counsel: S Griffiths (Solicitor)(First and Second Applicants) S Kondilios (Solicitor)(Respondent)