Knox v Ku-ring-gai Council [2021] NSWLEC 1722

Land and Environment Court New South Wales

Medium Neutral Citation: Knox v Ku-ring-gai Council [2021] NSWLEC 1722 Hearing dates: 5, 6 and 14 October 2021 Date of orders: 3 December 2021 Decision date: 03 December 2021 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) The Applicant is granted leave to rely on amended plans (2) The appeal is upheld; (3) Development Application DA0081/20 seeking consent for demolition of existing structures and construction of a two-storey dwelling is determined by the grant of consent, subject to the conditions at Annexure A of this judgment; (4) The exhibits are returned, with the exception of Exhibits A and 1. Catchwords: DEVELOPMENT APPLICATION – proposed development in a heritage conservation area - demolition of a non-contributory building – whether proposed dwelling is acceptable in the context of the heritage conservation area - whether proposed dwelling is acceptable in the context of an adjacent heritage item – consideration of competing conditions. Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 8.7(1) Environmental Planning and Assessment Regulation 2000, cll 55(1), 77 Ku-ring-gai Local Environment Plan 2015, cll 2.3, 5.10, 6.5 Land and Environment Court Act 1979, s 34AA State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Cases Cited: Form Architects (Aust) Pty Ltd v Ku-ring-gai Council [2017] NSWLEC 1107 Helou v Strathfield Municipal Council (2006) 144 LGERA 322; [2006] NSWLEC 66 Texts Cited: Heritage Office and Department of Urban Affairs & Planning, NSW Heritage Manual 1996 Ku-ring-gai Community Participation Plan 2020 Ku-ring-gai Development Control Plan 2021 Land and Environment Court of NSW COVID-19 Pandemic Arrangements Policy, April 2021 Category: Principal judgment Parties: Jennifer Knox (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: N Eastman (Applicant) C Shaw (solicitor)(Respondent)