Issa v Hunters Hill Council [2024] NSWLEC 1717

Land and Environment Court New South Wales

Medium Neutral Citation: Issa v Hunters Hill Council [2024] NSWLEC 1717 Hearing dates: Conciliation conference on 28-29 July 2024 Date of orders: 07 November 2024 Decision date: 07 November 2024 Jurisdiction: Class 1 Before: Washington C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No. DA2023/0078, as amended, for the demolition of existing structures, tree removal and construction of a dwelling house with an in-ground swimming pool, associated earthworks and landscaping on the land at 43 Wybalena Road, Hunters Hill, Lot 1 DP 375698, is determined by a grant of consent subject to conditions contained in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – construction of residential dwelling house – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.6, 8.7 Land and Environment Court Act 1979 ss 34, 34AA Environmental Planning and Assessment Regulation 2021 (EPA Regulation) ss 27, 38 Hunters Hill Local Environmental Plan 2012 cll 4.3, 4.4, 6.1, 6.2, 6.3, 6.6, 6.7, 6.9, Sch 5, Pt 2 State Environmental Planning Policy (Biodiversity and Conservation) 2021 Ch 6, ss 6.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.28, 6.32, State Environmental Planning Policy (Resilience and Hazards) 2021 Ch 2, ss 2.10, 2.11, 2.12, 2.13, s 4.6 Category: Principal judgment Parties: Samuel Issa (First Applicant) Hunters Hill Council (Respondent) Representation: Counsel: J Palmer (Solicitor) (Applicant) A Seton (Solicitor) (Respondent)