K & A Company P/L v Hunters Hill Council [2015] NSWLEC 1359

Land and Environment Court New South Wales

Medium Neutral Citation: K & A Company P/L v Hunters Hill Council [2015] NSWLEC 1359 Hearing dates: 25 August, 2015 Decision date: 02 September 2015 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. By consent, Development Application No. 2013/1152 for alterations and partial demolition of an existing building and construction of a part 4 and 5 storey residential flat building accommodating 21 dwellings and 29 car spaces, at 7 Pittwater Road, Gladesville, is approved, subject to the conditions of consent at Annexure "A". 3. The exhibits, other than exhibits 2, 3 and A, are returned. Catchwords: DEVELOPMENT APPLICATION: consent orders; no objectors; residential flat building. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: K & A Company P/L (Applicant) Hunters Hill Council (Respondent) Representation: Mr G. McKee, solicitor (Applicant) Mr J. Cole, solicitor (Respondent)

Solicitors: McKees Legal Solutions (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s): 11024 of 2014

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) is before the Court for consent orders in relation to Development Application No. 2013/1152 for alterations and partial demolition of an existing commercial building and construction of a part 4 and 5 storey residential flat building accommodating 21 dwellings and 29 car spaces (the proposal), at 7 Pittwater Road, Gladesville (the site) by Hunters Hill Council (the Council). 2. The appeal was subject to mandatory conciliation on 24 February, 2015, in accordance with the provisions of s 34 of the Land and Environment Court Act 1979 (LEC Act). As agreement was not reached during the conciliation phase, the conciliation conference was terminated on 19 May, 2015, pursuant to s 34(4) of the LEC Act. The proposal was amended following the termination of the conciliation conference and leave was granted by the Court during the hearing for the applicant to rely on the amended proposal (exhibit A).