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)   Solicitors: Herbert Geer (Applicant) HWL Ebsworth Lawyers (Respondent)
File Number(s):	2019/89953
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of 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 (the proposal) at 32 and 32A Ryde Road, Hunters Hill (the site) by Hunters Hill Council (the Council).

2. The Court arranged a conciliation conference under s 34 of the Land and Environment Court Act 1979 (LEC Act) between the parties, which has been held on 16 December 2019. I presided over the conciliation conference.

3. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties.

4. 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 a decision that the Court could have made in the proper exercise of its functions. The parties’ decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the development application.

Orders

5. The orders of the Court are:

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’.

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Susan O’Neill

Commissioner of the Court

Annexure A (163 KB)

Plans (3.67 MB)

Landscape Plans (10.4 MB)

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