Qin v Hunter’s Hill Council [2025] NSWLEC 1136

Qin v Hunter’s Hill Council [2025] NSWLEC 1136

The amended development application meets all relevant statutory and planning requirements, and the agreement between the parties for grant of consent is a decision the Court could properly make.

Parties
Applicant: Irving Qin; Respondent: Hunter's Hill Council
Jurisdiction
Australia
Judgment Date
07 March 2025
Procedural Posture
Class 1 Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld. Grant of development consent subject to conditions.
Legal Topics
Development Application, Appeal, Conciliation Conference, Conditions of Consent
Environmental Law Planning Law Development Application Appeal Conciliation Conference Conditions of Consent

Case Brief

Summary, issues, holding and outcome

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Parties

Irving Qin

Applicant

Hunter's Hill Council

Respondent

Procedural Posture

Class 1 Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted to the amended application for demolition of an existing dwelling and construction of a new 2-level dwelling with a basement garage at 11 William Street, Henley

Ratio Decidendi

The amended development application meets all relevant statutory and planning requirements, and the agreement between the parties for grant of consent is a decision the Court could properly make.

Court Disposition

Appeal upheld. Grant of development consent subject to conditions.

Orders

  • The appeal is upheld.
  • Development Application No. A2022/0239, as amended, for demolition of existing dwelling and construction of a new 2-level dwelling with a basement garage at 11 William Street, Henley, is determined by the grant of consent subject to the conditions at Annexure A.