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[2026] NSWLEC 1051
General information, not legal advice.
Land and Environment Court (NSW)
2026-02-10
Porter C
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Source: NSW Caselaw (www.caselaw.nsw.gov.au). Converted to plain text by ZoeLaw. Not the official version.
Medium Neutral Citation: 7/11 Hunters Hill Developers Pty Ltd v Hunter’s Hill Council [2026] NSWLEC 1051
Hearing dates: Conciliation conference on 27 January 2026
Date of orders: 10 February 2026
Decision date: 10 February 2026
Jurisdiction: Class 1
Before: Porter C
Decision: The Court orders that:
(1) Pursuant to s 4.55(8) of the Environmental Planning and Assessment Act 1979 (NSW), Modification Application DA2023/0164-1 for internal layout changes, adjustment of basement envelope and reduction in number of units from 12 to 9 with associated landscaping and stormwater works at 7-11 Ryde Road, Hunter’s Hill, is determined by way of approval.
(2) Development Consent No. DA2023/0164 is modified by the terms in Annexure A.
(3) Development Consent No. DA2023/0164 as modified by the Court is Annexure B.
Catchwords: MODIFICATION APPLICATION – application made directly to Court - residential flat building – conciliation conference – agreement between the parties – orders
Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), s 4.55
Land and Environment Court Act 1979 (NSW), s 34
Environmental Planning and Assessment Regulation 2021 (NSW), ss 23, 100, 102, 113
Cases Cited: 7/11 Hunters Hill Developers Pty Ltd v Hunter’s Hill Council [2025] NSWLEC 1284
Al Maha Pty Ltd v Huajun Investments Pty Ltd (2018) 233 LGERA 170; [2018] NSWCA 245
McMillan v Taylor (2023) 111 NSWLR 634; [2023] NSWCA 183
Category: Principal judgment
Parties: 7/11 Hunters Hill Developers Pty Ltd (Applicant)
Hunter’s Hill Council (Respondent)
Representation: Counsel:
M Bawden (Solicitor) (Applicant)
P Hudson (Solicitor) (Respondent)
Solicitors:
Mills Oakley (Applicant)
Marsdens (Respondent)
File Number(s): 2025/396940
Publication restriction: Nil
COMMISSIONER: This is a modification application made directly to the Court pursuant to s 4.55(8) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act). The modification application is to a development consent issued by the Court: 7/11 Hunters Hill Developers Pty Ltd v Hunter’s Hill Council [2025] NSWLEC 1284 for 7-11 Ryde Road, Hunters Hill (lots 2-4 in DP 7691). The modification application DA2023/0164-1 (MA) primarily seeks internal modifications within the development footprint including the basement.
The Court arranged a conciliation conference under s 34 of the Land and Environment Court Act 1979 (NSW) (LEC Act) between the parties on 27 January 2026. I presided over the conciliation conference.
The Respondent, as the relevant consent authority, has agreed under s 113 of the Environmental Planning and Assessment Regulation 2021 (NSW) (EPA Reg) to the Applicant amending the MA in accordance with the documents listed below.
| No. | Drawing No | Rev | Drawing Title | Prepared By | Dated | | Architectural Plans | | 1. | DA-0000 | B | Cover Page | IDA Design Group | 02.12.2025 | | DA-0010 | B | Calculations | IDA Design Group | 02.12.2025 | | DA-0030 | B | Site Zones | IDA Design Group | 02.12.2025 | | DA-0031 | B | Landscape Zones | IDA Design Group | 02.12.2025 | | DA-0100 | B | Site Plan | IDA Design Group | 02.12.2025 | | DA-0110 | B | Site Section | IDA Design Group | 02.12.2025 | | DA-0111 | B | Site Section | IDA Design Group | 02.12.2025 | | DA-0999 | B | Basement Floor Plan | IDA Design Group | 02.12.2025 | | DA-1000 | B | Ground Floor Plan | IDA Design Group | 02.12.2025 | | DA-1001 | B | Level 1 – Floor Plan | IDA Design Group | 02.12.2025 | | DA-1002 | B | Level 2 – Floor Plan | IDA Design Group | 02.12.2025 | | DA-1003 | B | Roof Plan | IDA Design Group | 02.12.2025 | | DA-2001 | B | Elevations – Sheet 1 | IDA Design Group | 02.12.2025 | | DA-2002 | B | Elevations – Sheet 2 | IDA Design Group | 02.12.2025 | | DA-2003 | B | Elevations – Sheet 3 | IDA Design Group | 02.12.2025 | | DA-3001 | B | Sections | IDA Design Group | 02.12.2025 | | DA-3002 | B | Sections | IDA Design Group | 02.12.2025 | | DA-4030 | B | Max. Height Plane | IDA Design Group | 02.12.2025 | | DA-4050 | B | Material Schedule | IDA Design Group | 02.12.2025 | | DA-4901 | B | Door/Window Schedule | IDA Design Group | 02.12.2025 | | DA-5001 | B | Shadow Diagrams – Winter Solstice | IDA Design Group | 02.12.2025 | | DA-5002 | B | Shadow Diagrams – Winter Solstice | IDA Design Group | 02.12.2025 | | DA-5010 | B | Solar Access Diagrams | IDA Design Group | 02.12.2025 | | DA-5011 | B | Solar Access Diagrams | IDA Design Group | 02.12.2025 | | DA-5100 | B | Cross ventilation diagrams | IDA Design Group | 02.12.2025 | | DA-5200 | B | FSR diagram | IDA Design Group | 02.12.2025 | | Landscape Plans | | 3. | L-01 | F | Title | Site Design + Studios | 13.01.2026 | | L-02 | F | Ground Floor Landscape Plan | Site Design + Studios | 13.01.2026 | | L-03 | F | Level 1 Landscape Plan | Site Design + Studios | 13.01.2026 | | L-04 | F | Level 2 Landscape Plan | Site Design + Studios | 13.01.2026 | | L-05 | F | Landscape Area Calculation Plan - Ground Floor | Site Design + Studios | 13.01.2026 | | L-06 | F | Landscape Area Calculation Plan - Level 1 | Site Design + Studios | 13.01.2026 | | L-07 | F | Landscape Area Calculation Plan - Level 2 | Site Design + Studios | 13.01.2026 | | L-08 | F | East & West Elevations | Site Design + Studios | 13.01.2026 | | L-09 | F | South Elevation | Site Design + Studios | 13.01.2026 | | L-10 | F | Planting Details | Site Design + Studios | 13.01.2026 | | L-11 | F | Specification | Site Design + Studios | 13.01.2026 | | Stormwater Plans | | 4. | 000 | A | Cover Sheet Plan | Telford Civil | 02.12.2025 | | 101 | A | Stormwater Concept Plan Basement Floor Sheet 1 of 2 | Telford Civil | 02.12.2025 | | 102 | A | Stormwater Concept Plan Basement Floor Sheet 2 of 2 | Telford Civil | 02.12.2025 | | 103 | A | Stormwater Concept Plan Ground Floor | Telford Civil | 02.12.2025 | | 107 | A | On-Site Detention Details and Calculations Sheet 1 of 2 | Telford Civil | 02.12.2025 | | 108 | A | On-Site Detention Details And Calculations Sheet 2 of 2 | Telford Civil | 02.12.2025 | | 109 | A | Catchment Plan and Music Results | Telford Civil | 02.12.2025 | | 110 | A | Sediment and Erosion Control Plan & Details Sheet 1 of 2 | Telford Civil | 02.12.2025 | | 111 | A | Sediment and Erosion Control Plan & Details Sheet 1 of 2 | Telford Civil | 02.12.2025 | | 112 | A | Miscellaneous Details Sheet | Telford Civil | 02.12.2025 | | Supporting Documentation | | No. | Document | Prepared By | Date | | 5. | BASIX Certificate No. 1378244M_05 | Taylor Smith Consulting | 18.12.2025 | | 6. | Design Verification Statement | IDA Design Group | 01.04.2025 |
Accompanying the submitted s 34 agreement, the parties have provided a jurisdictional statement setting out how the proposal has satisfied the jurisdictional requirements and other matters.
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 4.55(2) of the EPA Act to modify the development consent.
In considering if the agreement is a decision that could be made by the Court, the obligation is limited to being satisfied that there ‘are no jurisdictional constraints on the power of the Court which would preclude an order of the kind reached in the agreement’ and not an evaluative decision: McMillan v Taylor (2023) 111 NSWLR 634; [2023] NSWCA 183 at [60] to [65].
I have carried out the required jurisdictional check: Al Maha Pty Ltd v Huajun Investments Pty Ltd (2018) 233 LGERA 170; [2018] NSWCA 245 at [202]. For the reasons set out below, I am satisfied that the parties’ decision is one that the Court could have made in the proper exercise of its functions as required by s 34(3) of the LEC Act:
Owner’s consent accompanied the DA as required by s 23 of the EPA Reg.
I have considered the documentation within the amended MA and the parties’ agreed detailed jurisdictional statement. I accept that the proposed internal modifications, changes to the basement envelope and reduction in the number of apartments will be substantially the same as the original development (s 4.55(2)(a) of the EPA Act) as the modifications do not change the essence or key aspects of the proposal.
With respect to s 4.55(2)(b), (c) and (d) of the EPA Act, the modification application was notified between 14 November 2025 to 28 November 2025. One submission in support was received, which has been considered.
There are no relevant approval bodies for concurrence (s 4.55(2)(c)) of the EPA Act.
With respect to s 4.55(3) of the EPA Act and the reasons for granting consent, in reviewing the parties’ jurisdictional statement and original decision, I am satisfied that the MA does not offend the reasons for the grant of consent, noting that the judgment reflected the s 34 agreement of the parties.
Further, I accept that the MA adequately addresses s 4.15(1) of the EPA Act as set out in the agreed jurisdictional statement, Statement of Environmental Effects prepared by Minto Planning Services dated 7 October 2025 and documentation accompanying the MA. I accept the parties’ agreement that the modification application does not materially alter the matters for consideration under s 4.15 of the EPA Act as have been previously adequately addressed.
The parties agree and I accept that the provisions required to be addressed by ss 4.55(2) and 4.15 of the EPA Act have been met, as evidenced in the documentation accompanying the Class 1 application, amended MA, and supported by the jurisdictional statement.
Section 100 of the EPA Reg details information that must accompany an MA, including an amended BASIX Certificate. Section 102 requires an updated design statement from a qualified designer. The MA is satisfactorily accompanied by all the required documentation.
In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties.
I have considered the jurisdictional prerequisites, and I am satisfied on the basis of the evidence before me that the agreement of the parties is a decision that the Court could have made in the proper exercise of its functions.
The Court orders that:
Pursuant to s 4.55(8) of the Environmental Planning and Assessment Act 1979 (NSW), Modification Application DA2023/0164-1 for internal layout changes, adjustment of basement envelope and reduction in number of units from 12 to 9 with associated landscaping and stormwater works at 7-11 Ryde Road, Hunter’s Hill, is determined by way of approval.
Development Consent No. DA2023/0164 is modified by the terms in Annexure A.
Development Consent No. DA2023/0164 as modified by the Court is Annexure B.
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7/11 Hunters Hill Developers Pty Ltd
Hunter's Hill Council [2026] NSWLEC 1051
(2018) 233 LGERA 170
(2023) 111 NSWLR 634