Nonlow Pty Limited v Hunters Hill Council [2019] NSWLEC 1631

Land and Environment Court New South Wales

Medium Neutral Citation: Nonlow Pty Limited v Hunters Hill Council [2019] NSWLEC 1631 Hearing dates: Conciliation conference on 12 December 2019 Date of orders: 20 December 2019 Decision date: 20 December 2019 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders: (1) The applicant is granted leave to amend the application to rely on the amended plans and documents listed in the conditions of consent at Annexure A. (2) The Applicant is to pay the Respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed amount of $7,500.00 within 28 days of these orders. (3) The appeal is upheld. (4) Development Application No. DA2017/1183 for the retention of the heritage façade and front portion of the existing building and the demolition of the rear portion of the existing building and construction of a new five storey shop top housing development with two levels of basement parking and associated landscaping, at 219-221 Victoria Road, Gladesville, is approved, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – alterations and additions to a local heritage item – exceedance of the height of buildings development standard Legislation Cited: Environmental Planning and Assessment Act 1979 Hunters Hill Local Environmental Plan 2012 Land and Environment Court Act 1979 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446 Category: Principal judgment Parties: Nonlow Pty Limited (Applicant) Hunters Hill Council (Respondent) Representation: Counsel: S Patterson (Solicitor) (Applicant) M Staunton (Respondent)