Edmonds v Hunter's Hill Council

[2025] NSWLEC 1543

Land and Environment Court

New South Wales

Medium Neutral Citation:

Edmonds v Hunter’s Hill Council [2025] NSWLEC 1543

Hearing dates:

Conciliation conference on 11 July 2025

Date of orders:

30 July 2025

Decision date:

30 July 2025

Jurisdiction:

Class 1

Before:

Walsh C

Decision:

The Court orders:

(1) The appeal is upheld.

(2) Development Application DA2024/0234 for dwelling alterations and additions including enclosed courtyard and lift to a heritage listed property on Lot 1 in DP861902, being 4 View Street, Woolwich NSW 2110 is determined by the grant of consent subject to the conditions set out in Annexure A to this agreement.

Catchwords:

DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders

Legislation Cited:

Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7

Land and Environment Court Act 1979, s 34

Environmental Planning and Assessment Regulation 2021, s 38

Hunters Hill Local Environmental Plan 2012, cll 4.6, 5.10, 6.1, 6.2, 6.3, 6.7, 6.9

State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6

Cases Cited:

McMillan v Taylor (2023) 111 NSWLR 634; [2023] NSWCA 183

Texts Cited:

Hunters Hill Consolidated Development Control Plan 2013

Category:

Principal judgment

Parties:

Lyndsay John Edmonds (First Applicant)
Gail Margaret Edmonds (Second Applicant)
Hunter’s Hill Council (Respondent)

Representation:

Counsel:
G Visentin (Solicitor) (Applicants)
S Frost (Solicitor) (Respondent)

Solicitors:
McKee Legal Solutions (Applicants)
Hall and Wilcox (Respondent)

File Number(s):

2025/76810

Publication restriction:

No

Judgment

1. COMMISSIONER: These proceedings, brought by the applicants under Class 1 of the Court’s jurisdiction, are an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal by Hunter’s Hill Council (Council) of development application DA2024/0234 (DA). The DA seeks consent for proposed dwelling alterations and additions including enclosed courtyard and lift at 4 View Street, Woolwich (legally described as Lot 1 in DP861902) (site).

2. The Court arranged a conciliation conference between the parties under s 34 of the Land and Environment Court Act 1979 (LEC Act), which was held on 11 July 2025, after the parties indicated they had come to an agreement in relation to the terms of a decision in the proceedings that would be acceptable to the parties. I presided over the conciliation conference.

3. The parties' decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the development application, as amended, and subject to agreed conditions. The parties seek orders to this effect. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ decision if the parties’ decision is one that the Court could have made in the proper exercise of its functions.

4. The point of attention here, rather than a broader evaluative exercise, is whether there are any jurisdictional constraints on the power of the Court to make the order agreed to be the parties (McMillan v Taylor (2023) 111 NSWLR 634; [2023] NSWCA 183 at [62]-[65]). It is my finding that there are no…