Khouri v Hunters Hill Council [2020] NSWLEC 1071

Land and Environment Court New South Wales

Medium Neutral Citation: Khouri v Hunters Hill Council [2020] NSWLEC 1071 Hearing dates: Conciliation conference on 16 December 2019 Date of orders: 21 February 2020 Decision date: 21 February 2020 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders that: (1) The applicant is granted leave to amend the application by relying on the amended plans listed at Part A Condition 2 of the Conditions of Consent at Annexure 'A'. (2) The Applicant is to pay the Respondent's costs pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $17,000, payable within 28 days from date of these Orders being made. (3) The appeal is upheld. (4) Development Application No. 2019-1002 for the demolition of two existing dwellings and associated structures including garages, sheds and driveway, tree removal, extinguishment of strata plan and the construction of a 76 place childcare centre with basement car parking and landscaping works, at 32 and 32A Ryde Road, Hunters Hill, is approved, subject to the conditions of consent at Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION — conciliation conference – agreement between the parties – childcare centre Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Jason Khouri (Applicant) Hunters Hill Council (Respondent) Representation: Counsel: M Staunton (Applicant) J Cole (Solicitor) (Respondent)