ACON Pty Ltd v Hunter’s Hill Council [2024] NSWLEC 1428

Land and Environment Court New South Wales

Medium Neutral Citation: ACON Pty Ltd v Hunter's Hill Council [2024] NSWLEC 1428 Hearing dates: Conciliation conference 18 June 2024 Date of orders: 25 July 2024 Decision date: 25 July 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application DA2022/0139 for the demolition of existing structures, removal of two trees and construction of a dwelling house containing five bedrooms and integrated garage parking at 15 Wybalena Road, Hunters Hill (legally known as Lot 3 in DP 26618) is determined by the grant of consent subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – Demolition and construction of a new dwelling house – conciliation conference - amended plans – agreement between the parties – orders made. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2021, ss 23, 28 Hunters Hill Local Environmental Plan 2012, cll 2.3, 2.7, 4.3, 4.4, 5.10, 6.2, 6.3, 6.7, 6.9, State Environmental Planning Policy (Biodiversity and Conservation), Ch 10, Div 2 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11, 2.12, 2.13, 4.6, Ch 2 State Environmental Planning Policy (Water Catchments) 2022 Texts Cited: Hunters Hill Development Control Plan 2013 Category: Principal judgment Parties: ACON Pty Ltd (Applicant) Hunter's Hill Council (Respondent) Representation: Counsel: J Cole (Solicitor) (Applicant) A Seton (Solicitor) (Respondent)