Melocco v Hunters Hill Council [2019] NSWLEC 1510

Land and Environment Court New South Wales

Medium Neutral Citation: Melocco v Hunters Hill Council [2019] NSWLEC 1510 Hearing dates: Conciliation conference on 17 September 2019; 8 October 2019; 10 October 2019 Date of orders: 18 October 2019 Decision date: 18 October 2019 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders: (1) The Applicant is granted leave to rely on the amended plans and supporting documentation as set out in condition 2 of the conditions of development consent contained at Annexure A. (2) The Applicant is to pay the Respondents costs in accordance with s 8.15(3) of Environmental Planning and Assessment Act 1979 in the agreed sum of $10,000 within 28 days of the date of these orders. (3) The Applicant's written request under clause 4.6 of the Hunters Hill Local Environmental Plan 2012, prepared by ABC Planning, dated October 2019 for the contravention of the maximum height development standard imposed by clause 4.3 of the Hunters Hill Local Environmental Plan 2012 is upheld. (4) The appeal is upheld. (5) Approval is granted to development application no. DA2018-1126 for the demolition of the existing building and construction of four residential apartments including basement car parking and storage at 2 Viret Street Hunters Hill subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulations 2000 Hunters Hill Local Environmental Plan 2012 Land and Environment Court Act 1979 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy No.65 – Design Quality of Residential Apartment Development Category: Principal judgment Parties: David Melocco (Applicant) Hunter Hill Council (Respondent) Representation: Counsel: M Staunton (Applicant) J Cole (Solicitor) (Respondent)