Koch v Ku-ring-gai Council [2021] NSWLEC 1228

Land and Environment Court New South Wales

Medium Neutral Citation: Koch v Ku-ring-gai Council [2021] NSWLEC 1228 Hearing dates: Conciliation conference on 7 April 2021 Date of orders: 5 May 2021 Decision date: 05 May 2021 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) Leave is granted for the Applicant to rely on the amended plans and additional information listed in Annexure A. (2) Each party to pay its own costs of the proceedings. (3) The appeal is upheld. (4) Development Application No. DA0531/19 lodged on 17 December 2019, as amended, to demolish the existing buildings and construct a detached dual occupancy development at 21 Treatts Road, Lindfield is approved subject to the conditions in Annexure B to this Agreement. Catchwords: DEVELOPMENT APPLICATION – dual occupancy development – heritage conservation area – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 s 8.7 Environmental Planning and Assessment Regulation 2000 Ku-ring-gai Local Environmental Plan (Local Centres) 2012 cll 2.3, 2.5, 5.10, 6.1, 6.2, 6.3, Land and Environment Court Act 1979 ss 34, 34AA State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007 cl 85 State Environmental Planning Policy No 55 – Remediation of Land cl 7 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 Category: Principal judgment Parties: Richard Koch (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: M Staunton (Applicant) M Winram (Solicitor) (Respondent)