Liu v Ku-ring-gai Council [2021] NSWLEC 1094

Land and Environment Court New South Wales

Medium Neutral Citation: Liu v Ku-ring-gai Council [2021] NSWLEC 1094 Hearing dates: 12 February 2021 Date of orders: 25 February 2021 Decision date: 25 February 2021 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) The development control order issued by the respondent on 23 October 2019 is modified in accordance with the terms of the modified development control order in Annexure A. (3) Exhibit 2 is returned. Catchwords: APPEAL – development control order – compliance order – retaining walls and fill on the site – raised levels of rear yard – not authorised by the development consent or construction certificate – no evidence of their design – potential interference with dispersion of water from absorption trench – visual and privacy impacts Legislation Cited: Environmental Planning and Assessment Act 1979 ss 8.18, 9.34 Ku-ring-gai Local Environmental Plan 2015 Land and Environment Court Act 1979 s 39 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 cl 2.30 Cases Cited: Burwood Council v Ralan Burwood Pty Ltd (No 3) (2014) 206 LGERA 40; [2014] NSWCA 404 Whittaker v Northern Beaches Council [2017] NSWLEC 1379 Texts Cited: Ku-ring-gai Development Control Plan 2012 Category: Principal judgment Parties: Hongbo Liu (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: H Liu (self-represented) (Applicant) N Hammond (Respondent)