Rothwell and Anor v Hunters Hill Council [2012] NSWLEC 1229

Land and Environment Court New South Wales

Medium Neutral Citation: Rothwell and Anor v Hunters Hill Council [2012] NSWLEC 1229 Hearing dates: 16-17 July 2012 Decision date: 17 August 2012 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No. 2011-1140 for alterations and additions to the existing cottage at 2 Gladstone Avenue, Hunters Hill is approved, subject to the conditions in Annexure "A". 3. The exhibits, other than exhibit 1, are returned. Catchwords: DEVELOPMENT APPLICATION: Alterations and additions to a heritage item; SEPP 1 objection to the garden area development control; contaminated land. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Wehbe v Pittwater Council [2007] NSWLEC 827 Category: Principal judgment Parties: Mr Iain Rothwell and Ms Kylie Odell (Applicants) Hunters Hill Council (Respondent) Representation: Counsel Mr N. Eastman (Barrister) (Applicant) Mr M. Staunton (Barrister) (Respondent) Solicitors Gadens Lawyers (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s): 10420 of 2012

Judgment 1COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 against the deemed refusal of Development Application No. 2011-1140 (the application) by Hunters Hill Council (the Council) for alterations and additions to an existing cottage at 2 Gladstone Avenue, Hunters Hill (the site). 2A s 34AA conciliation conference commenced on site and the Court, in the company of the parties and their experts, conducted a view of the immediate area and the adjoining property to the north. As no agreement was reached during the conciliation conference, despite genuine efforts by the parties, the conciliation conference was terminated and the matter proceeded to a hearing in accordance with the provisions of s 34AA(2)(b)(i) of the Land and Environment Court Act 1979.