Vernier v Hunter’s Hill Council [2024] NSWLEC 1439

Land and Environment Court New South Wales

Medium Neutral Citation: Vernier v Hunter's Hill Council [2024] NSWLEC 1439 Hearing dates: Conciliation conference 8 July 2024 Date of orders: 26 July 2024 Decision date: 26 July 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders: (1) Pursuant to r 6.29 of the Uniform Civil Procedure Rules 2005, Mr Carlo Vernier is removed as a party to the proceedings. (2) The appeal is upheld. (3) Development Application No DA 2023/0020 (as amended) for alterations and additions to the existing dwelling comprising of the construction of a basement level of 9 Lloyd Avenue, Hunters Hill is determined by the grant of consent, subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – Alterations and additions to a 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, 8.14 Fisheries Management Act 1994 Land and Environment Court Act 1979, ss 23, 34, 34AA, 36 Environmental Planning and Assessment Regulation 2021, s 23, 38 Hunters Hill Local Environmental Plan 2012, cll 2.3, 4.3, 4.4, 4.6, 5.10, 6.2, 6.3, 6.7, 6.9 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 6, 10, Pts 6.2, 6.3, Divs 2, 3, ss 6.6, 6.7, 6.9, 6.11, 6.28 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, ss 2.10, 2.11, 2.12, 2.13, 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022 State Environmental Planning Policy (Water Catchments) 2022 Uniform Civil Procedure Rules 2005, rr 23, 34, 34AA, 36 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Ltd v North Sydney Council [2019] NSWCA 130 Texts Cited: Hunters Hill Development Control Plan 2013 Category: Principal judgment Parties: Katrina Vernier (Applicant) Hunter's Hill Council (Respondent) Representation: Counsel: B Dyer (Solicitor) (Applicant) A Seton (Solicitor) (Respondent)