Wheatley v Ku-ring-gai Council [2021] NSWLEC 1386

Land and Environment Court New South Wales

Medium Neutral Citation: Wheatley v Ku-ring-gai Council [2021] NSWLEC 1386 Hearing dates: Conciliation conference on 29 June 2021 Date of orders: 5 July 2021 Decision date: 05 July 2021 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to amend the development application to rely upon Landscape Plan, Drawing No. LA-01, prepared by CAB Consulting Pty Ltd dated 6 June 2021. (2) The appeal is upheld. (3) Development Application No. DA0256/2020, for alterations and additions to the existing dwelling and new swimming pool at 65 Billyard Avenue, Wahroonga (Lot 1 in DP 972204), is approved subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to dwelling house – item of local heritage significance – conciliation conference – agreement between 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 2015, cll 5.10, 6.2, 6.5, Schedule 5 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 Category: Principal judgment Parties: Kim Wheatley (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: M Staunton (Applicant) C Drury (Solicitor) (Respondent)