NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Dixon v Ku-ring-gai Council [2021] NSWLEC 1687 Hearing dates: Conciliation conference on 1 June 2021; Hearing on 7 June 2021 Date of orders: 9 November 2021 Decision date: 09 November 2021 Jurisdiction: Class 1 Before: Bindon AC Decision: The Court orders: See [70] of Judgment Catchwords: DEVELOPMENT APPLICATION – local heritage item – subdivision into 2 lots – construction of dwelling on rear lot – cl 4.6 variation to minimum lot size standard – impact on heritage item and heritage conservation area – s34AA conciliation conference Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, ss 34AA, 39 Ku-ring-gai Local Environmental Plan 2015, cll 4.1, 4.3, 4.4, 4.6, 5.10, Schedule 5 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Wehbe v Pittwater (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy, (6 April 2021) Ku-ring-gai Development Control Plan 2016 Category: Principal judgment Parties: Lisa Dixon (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: M Staunton (Applicant) M Winram (Solicitor) (Respondent)
Solicitors: Addisons (Applicant) Maddocks Lawyers (Respondent) File Number(s): 2020/347681 Publication restriction: No
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