Lanevick Pty Ltd v Hunter’s Hill Council [2026] NSWLEC 1605
Before: Pullinger AC · NSW Land and Environment Court
Summary
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), brought by Lanevick Pty Ltd (the Applicant), against the deemed refusal of Development Application DA2025/0262 (the DA) by Hunter’s Hill Council (the Respondent). At the date of its lodgement on 1 December 2025, the DA sought consent for the demolition of existing structures and construction of a part eight-, part nine-storey residential apartment building over basement parking, with associ
Catchwords
DEVELOPMENT APPLICATION — residential apartment building development — low and mid rise housing — in-fill affordable housing — cl 4.6 written request — height of buildings — number of storeys — conciliation conference — agreement between the parties — orders
Outcome
The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA2025/0262 and rely upon the amended plans and documents referred to in Condition A1 at Annexure A. (2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the Respondent’s costs thrown away as a result of amending the Development Application as agreed or assessed. (3) The appeal is upheld. (4) Consent is granted to Development Application DA2025/0262 (as amended) for the demolition of existing structures and construction of an eight-storey residential apartment building containing 39 apartments over basement parking, with associated lot consolidation, strata subdivision and landscaping at 14-16 Venus Street, Gladesville, subject to the conditions of consent at Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), ss 26, 27, 29, 37, 38 Hunters Hill Local Environmental Plan 2012, cll 2.1, 2.3, 2.7, 4.1A, 4.3, 4.4, 4.6, 6.1, 6.2, 6.3 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6, ss 6.6, 6.7, 6.11 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 6.10 (repealed) State Environmental Planning Policy (Housing) 2021, Chs 2, 4, 6, Pt 2, Div 1, ss 15, 15C, 16, 18, 19, 20, 21, 147, 148, 175, 177, Sch 9 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1
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Authoritative text on NSW Caselaw · ~27k words
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