Cavcorp Australia Pty Ltd v Hunters Hill Council (No 3)

[2022] NSWLEC 1003

Land and Environment Court

New South Wales

Medium Neutral Citation:

Cavcorp Australia Pty Ltd v Hunters Hill Council (No 3) [2022] NSWLEC 1003

Hearing dates:

On the papers

Date of orders:

6 January 2022

Decision date:

06 January 2022

Jurisdiction:

Class 1

Before:

Clay AC

Decision:

The Court orders that:

(1) The application to the Court pursuant to s 4.55(8) of the Environmental Planning and Assessment Act 1979 (EP&A Act) to further modify the development consent granted by the Court by orders made on 18 May 2010 (entered 4 June 2010) to development application DA 2008/1096 in proceedings 10977 of 2009 for the construction of a new two-storey dwelling, double detached garage and indoor pool at Lot 3 in Deposited Plan 840284 known as 27 Nelson Parade, Hunters Hill is granted in the terms in Annexure A.

(2) As a consequence of order (1) the development consent granted by the Court by orders made on 18 May 2010 (entered 4 June 2010) to development application DA 2008/1096 in proceedings 10977 of 2009 is now in the form of Annexure B.

(3) The exhibits be returned other than B, 1R1 and 2R1.

Catchwords:

MODIFICATION APPLICATION – dwelling house and garage – seeking to regularise work carried out otherwise than in accordance with consent – modification determined after earlier hearing and judgment required further amendment to modification application and amended conditions – modification application amended – dispute over conditions

determined – conditions filed and orders made

Cases Cited:

Cavcorp Australia Pty Ltd v Hunters Hill Council (No 2) [2021] NSWLEC 1746

Category:

Principal judgment

Parties:

Cavcorp Australia Pty Ltd (Applicant)
Hunters Hill Council (First Respondent)
Dolly Diab (Second Respondent)

Representation:

Counsel:
J Doyle (Applicant)
J Reid (First Respondent)
J Hutton (Second Respondent)

Solicitors:
D C Balog & Associates (Applicant)
HWL Ebsworth Lawyers (First Respondent)
Sparke Helmore Lawyers (Second Respondent)

File Number(s):

2019/403392

Publication restriction:

Nil

Judgment

1. COMMISSIONER: On 21 December 2021 I delivered my judgment in relation to the conditions in dispute between the parties (Cavcorp Australia Pty Ltd v Hunters Hill Council (No 2) [2021] NSWLEC 1746) and directed the parties to file conditions in accordance therewith.

2. On 24 December 2021 the parties filed agreed conditions which I accept properly reflect my reasons for judgment and therefore I make the following orders.

3. The Court orders that:

1. The application to the Court pursuant to s 4.55(8) of the Environmental Planning and Assessment Act 1979 (EP&A Act) to further modify the development consent granted by the Court by orders made on 18 May 2010 (entered 4 June 2010) to development application DA 2008/1096 in proceedings 10977 of 2009 for the construction of a new two-storey dwelling, double detached garage and indoor pool at Lot 3 in Deposited Plan 840284 known as 27 Nelson Parade, Hunters Hill is granted in the terms in Annexure A.

2. As a consequence of order (1) the development consent granted by the Court by orders made on 18 May 2010 (entered 4 June 2010) to development application DA 2008/1096 in proceedings 10977 of 2009 is now in the form of Annexure B.

3. The exhibits be returned other than B, 1R1 and 2R1.

…………………………

P Clay

Acting Commissioner of the Court

Annexure A (164221, pdf)

Annexure B (329461, pdf)

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Decision last updated: 06 January 2022