Jeffreson v Hunter’s Hill Council [2019] NSWLEC 1440

Land and Environment Court New South Wales

Medium Neutral Citation: Jeffreson v Hunter's Hill Council [2019] NSWLEC 1440 Hearing dates: Conciliation conference on 9 & 10 September 2019 Date of orders: 18 September 2019 Decision date: 18 September 2019 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders: (1) Leave is granted for the Applicant to rely on the amended plans and material listed in paragraph 2 of the conditions set out in Annexure 'A'. (2) Leave is granted to the Applicant to amend the development application DA 2017/1172 and the plans for the removal of trees T26 and T27 located on 20 Ferry Street, Hunters Hill. (3) The appeal is upheld. (4) Development consent for Development Application DA 2017/1172 for alterations and additions to existing dwelling on Lots 1 in DP 977325 and Lot 2 in DP 923852 known as at 14 Ferry Street, Hunter Hill, and for the removal of Trees 26 and 27 at No. 20 Ferry Street as shown on landscape plan dwg no. 14FS/LP/LEC01, is approved subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – loss and replacement of trees – heritage conservation – agreement between the parties – modification of consent - orders Legislation Cited: Hunters Hills Local Environmental Plan 2012 Land and Environment Court Act 1979 Environmental Planning and Assessment Act 1979 Category: Principal judgment Parties: John Maxwell Jeffreson (Applicant) Hunter's Hill Council (Respondent) Representation: Counsel: R Lancaster SC and N Eastman (Applicant) M Staunton (Respondent)