Ip v Hunters Hill Council

[2010] NSWLEC 1372

Land and Environment Court

of New South Wales

CITATION:

Ip v Hunters Hill Council [2010] NSWLEC 1372

PARTIES:

APPLICANT
J Ip

RESPONDENT
Hunters Hill Council

FILE NUMBER(S):

10504 of 2010

CORAM:

Moore SC

KEY ISSUES:

CONSENT ORDERS - DEVELOPMENT APPLICATION :-

LEGISLATION CITED:

Environmental Planning and Assessment Act 1979

DATES OF HEARING:

30 November and 22 December 2010

EX TEMPORE JUDGMENT DATE:

22 December 2010

LEGAL REPRESENTATIVES:

APPLICANT
Mr S Klinger, solicitor

RESPONDENT
Mr J Cole, solicitor
HWL Ebsworth

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

MOORE SC

22 December 2010

10/10504 Ip v Hunters Hill Council

JUDGMENT
This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

1 SENIOR COMMISSIONER: These proceedings concern a proposed development at 18 Aston Street, Hunters Hill. There was a significant disagreement between the applicant and the council concerning the originally proposed development that was unable to be resolved during the course of a conciliation conference. As a consequence the matter fell to me to hear and determine.

2 During the course of the on-site hearing, it became obvious that, with some further discussions between the parties, the matters that remained in dispute were capable of being resolved. That subsequently occurred and, as a consequence, the parties now present consent orders for me to make based on revised plans.

3 The consent orders also reflect an agreement between the parties that, as a consequence of the amendments, which are not minor – but are purely ameliorative in nature, the costs required to be awarded pursuant to s 97B(2) of the Environmental Planning and Assessment Act 1979 are in the agreed sum of one dollar.

4 As a consequence, it is neither necessary nor appropriate for me to contemplate any matters relating to the form of the order pursuant to s 97B in light of that agreement.

5 As a further consequence, subject to the transmission of the agreed conditions of consent to the Court electronically, orders will be made upholding the appeal by consent and granting development consent to the proposed two storey duplex development at 18 Aston Street, Hunters Hill.

Tim Moore

Senior Commissioner