Devlin v Hunters Hill Council [2024] NSWLEC 1610

Land and Environment Court New South Wales

Medium Neutral Citation: Devlin v Hunters Hill Council [2024] NSWLEC 1610 Hearing dates: Conciliation conference on 25-26 September 2024 Date of orders: 26 September 2024 Decision date: 26 September 2024 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The appeal is upheld. (2) Development Application DA/2023/0036 for the demolition of existing structures, removal of two trees and construction of a 2-storey dwelling house with a double garage, swimming pool and associated landscaping at 8B North Parade, Hunters Hill is determined by a grant of consent subject to conditions contained in Annexure 'A'. Catchwords: APPEAL – development application – development consent sought for the demolition of existing structures, removal of two trees and construction of a 2-storey dwelling house with a double garage, swimming pool and associated landscaping – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.15 Fisheries Management Act 1994 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2021, s 38 Hunters Hill Local Environmental Plan 2012, cll 2.1, 2.7, 4.3, 4.4, 5.10, 6.1, 6.2, 6.3, 6.5, 6.6, 6.7, 6.9 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6, ss 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.28, 6.32 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.8, 2.10, 2.11, 2.12, 2.13, 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022 Texts Cited: Hunters Hill Development Control Plan 2013 Category: Principal judgment Parties: Keiron Devlin (Applicant) Hunters Hill Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) A Seton (Solicitor) (Respondent)