Ishak v Hunter’s Hill Council [2024] NSWLEC 1541

Land and Environment Court New South Wales

Medium Neutral Citation: Ishak v Hunter's Hill Council [2024] NSWLEC 1541 Hearing dates: Conciliation conference on 15-16 August 2024 Date of orders: 04 September 2024 Decision date: 04 September 2024 Jurisdiction: Class 1 Before: Washington C Decision: The Court orders: (1) The appeal is upheld (2) Development Application No. DA/2023/0084 as amended, for the construction of a new swimming pool and associated landscaping at 3 Futuna Street, Hunter's Hill is determined by the grant of development consent subject to the conditions of consent in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – swimming pool in front setback – Heritage Conservation Area – agreement between the parties – 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 s 38 Hunter's Hill Local Environmental Plan 2012 cll 4.3, 4.4, 5.10, 6.1, 6.3, 6.9 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021 ss 6.6, 6.7, 6.8, 6.9, 6.10 Texts Cited: Hunter's Hill Community Engagement Strategy 2022 Category: Principal judgment Parties: John Ishak (Applicant) Hunters Hill Council (Respondent) Representation: Counsel: M Staunton (Applicant) S Kondilios (Solicitor) (Respondent)