NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Ip v Hunters Hill Council [2010] NSWLEC 1372
APPLICANT J Ip PARTIES : RESPONDENT Hunters Hill Council
FILE NUMBER(S) : 10504 of 2010
CORAM: Moore SC
KEY ISSUES: CONSENT ORDERS - DEVELOPMENT APPLICATION :-
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
DATES OF HEARING: 30 November and 22 December 2010
EX TEMPORE JUDGMENT DATE : 22 December 2010
APPLICANT Mr S Klinger, solicitor
LEGAL REPRESENTATIVES: RESPONDENT Mr J Cole, solicitor HWL Ebsworth
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
MOORE SC
22 December 2010
10/10504 Ip v Hunters Hill Council
JUDGMENT This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 SENIOR COMMISSIONER: These proceedings concern a proposed development at 18 Aston Street, Hunters Hill. There was a significant disagreement between the applicant and the council concerning the originally proposed development that was unable to be resolved during the course of a conciliation conference. As a consequence the matter fell to me to hear and determine. 2 During the course of the on-site hearing, it became obvious that, with some further discussions between the parties, the matters that remained in dispute were capable of being resolved. That subsequently occurred and, as a consequence, the parties now present consent orders for me to make based on revised plans. 3 The consent orders also reflect an agreement between the parties that, as a consequence of the amendments, which are not minor – but are purely ameliorative in nature, the costs required to be awarded pursuant to s 97B(2) of the Environmental Planning and Assessment Act 1979 are in the agreed sum of one dollar. 4 As a consequence, it is neither necessary nor appropriate for me to contemplate any matters relating to the form of the order pursuant to s 97B in light of that agreement. 5 As a further consequence, subject to the transmission of the agreed conditions of consent to the Court electronically, orders will be made upholding the appeal by consent and granting development consent to the proposed two storey duplex development at 18 Aston Street, Hunters Hill. Tim Moore Senior Commissioner
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