Dixon v Ku-ring-gai Council (No 2) [2022] NSWLEC 1006

Land and Environment Court New South Wales

Medium Neutral Citation: Dixon v Ku-ring-gai Council (No 2) [2022] NSWLEC 1006 Hearing dates: Conciliation conference on 1 June 2021; Hearing on 7 June 2021 Date of orders: 24 January 2022 Decision date: 24 January 2022 Jurisdiction: Class 1 Before: Bindon AC Decision: The Court orders that: 1) The Applicant's written request pursuant to clause 4.6 of the Ku-ring-gai Local Environmental Plan 2015 is upheld. 2) The Appeal is upheld. 3) Consent is granted to Development Application DA0210/20 for the one into two-lot Torrens title subdivision, demolition of existing garage, tree removal and construction of a new two storey dwelling on the proposed new lot at 7 Burns Road Wahroonga, subject to the conditions set out in Annexure A. 4) The exhibits are returned, except for A, G, 6 and 7. 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: Ku-ring-gai Local Environmental Plan 2015, cl 4.6 Cases Cited: Dixon v Ku-ring-gai Council [2021] NSWLEC 1687 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