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 DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.