Pelling v Hunter’s Hill Council [2024] NSWLEC 1473

Land and Environment Court New South Wales

Medium Neutral Citation: Pelling v Hunter's Hill Council [2024] NSWLEC 1473 Hearing dates: Conciliation conference on 2 August 2024 Date of orders: 06 August 2024 Decision date: 06 August 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The appeal is upheld. (2) Development Consent is granted to Development Application 2023/0014 for alterations and additions to the existing dwelling house, carport and associated works at Lot 13, Section 2, in Deposited Plan 806 and known as 18 Figtree Road, Hunters Hill, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – alterations and additions – conciliation conference – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2021, ss 27, 38 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 Hunters Hill Local Environmental Plan 2012, cll 2.7, 4.3, 4.4, 5.10, 6.3, 6.9, Sch 5, Pt 2 Category: Principal judgment Parties: Cameron Michael Pelling (First Applicant) Carmen Delia Pelling (Second Applicant) Hunters Hill Council (Respondent) Representation: Counsel: B Gallifuoco (Applicant) D Johnson (Solicitor) (Respondent)