K and a Company P/L v Hunters Hill Council

Land and Environment Court New South Wales Medium Neutral Citation: K & A Company P/L v Hunters Hill Council [2015] NSWLEC 1359 Hearing dates:25 August, 2015Decision date: 02 September 2015 Jurisdiction:Class 1Before: O’Neill C Decision: 1.   The appeal is upheld.2.   By consent, Development Application No. 2013/1152 for alterations and partial demolition of an existing building and construction of a part 4 and 5 storey residential flat building accommodating 21 dwellings and 29 car spaces, at 7 Pittwater Road, Gladesville, is approved, subject to the conditions of consent at Annexure “A”.3.   The exhibits, other than exhibits 2, 3 and A, are returned. Catchwords: DEVELOPMENT APPLICATION: consent orders; no objectors; residential flat building. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category:Principal judgmentParties: K & A Company P/L (Applicant) Hunters Hill Council (Respondent) Representation: Mr G. McKee, solicitor (Applicant) Mr J. Cole, solicitor (Respondent)   Solicitors: McKees Legal Solutions (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s):11024 of 2014Judgment COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) is before the Court for consent orders in relation to Development Application No. 2013/1152 for alterations and partial demolition of an existing commercial building and construction of a part 4 and 5 storey residential flat building accommodating 21 dwellings and 29 car spaces (the proposal), at 7 Pittwater Road, Gladesville (the site) by Hunters Hill Council (the Council). The appeal was subject to mandatory conciliation on 24...