7/11 Hunters Hill Developers Pty Ltd v Hunter’s Hill Council [2026] NSWLEC 1051

Catchwords: MODIFICATION APPLICATION – application made directly to Court - residential flat building – conciliation conference – agreement between the parties – orders Land and Environment Court New South Wales 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) , s s 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 JUDGMENT 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 20 21 (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. Jurisdictional Prerequisites In considering if the agreement is a decision that could be made by the Court, t h e obligation is limited to being s atisfied 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 a t [6 0 ] to [65]. I h av e 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 : O wner ’ 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 agr ee 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 appl ication , amended MA , and supported by the jurisdictional statement. Section 100 of the EPA Reg details information that must accompany an MA, includ ing 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. Conclusion 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. Orders 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. S Porter Commissioner of the Court Annexure A (175 KB, pdf) Annexure B (313 KB, pdf) ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 10 February 2026