Tahany Pty Ltd v Hunter’s Hill Council [2024] NSWLEC 1311

Land and Environment Court New South Wales

Medium Neutral Citation: Tahany Pty Ltd v Hunter's Hill Council [2024] NSWLEC 1311 Hearing dates: Conciliation conferences on 12 April 2024, 6 May and 16 May 2024 Date of orders: 11 June 2024 Decision date: 11 June 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: In the matter of 2023/271146: (1) The appeal is upheld. (2) Pursuant to s 8.18(4)(c) and (f) of the Environmental Planning and Assessment Act 1979, the Development Control Order issued by the Respondent to the Applicant dated 3 August 2023, is substituted with a development control order in the terms set out in Annexure A. In the matter of 2023/271190: (1) The appeal is upheld. (2) Pursuant to s 8.18(4)(c) and (f) of the Environmental Planning and Assessment Act 1979, the Development Control Order issued by the Respondent to the Applicant dated 3 August 2023, is substituted with a development control order in the terms set out in Annexure B. In the matter of 2023/273475: (1) The appeal is upheld. (2) Pursuant to s 8.18(4)(c) and (f) of the Environmental Planning and Assessment Act 1979, the Development Control Order issued by the Respondent to the Applicant dated 3 August 2023, is substituted with a development control order in the terms set out in Annexure C. Catchwords: DEVELOPMENT CONTROL ORDER – demolish works order – public safety order – restore works order – heritage conservation area - conciliation conference – agreement between the parties to substitute orders – orders Legislation Cited: Environmental Planning and Assessment Act 1979, Div 9.3, ss 6.26, 8.18, 9.34, Sch 5 Land and Environment Court Act 1979, s 34 Category: Principal judgment Parties: Tahany Pty Ltd (Applicant) Hunter's Hill Council (Respondent) Representation: Counsel: M Staunton and C Koikas (Applicant) P Brown (Solicitor) (Respondent)