Perrignon v Ku-ring-gai Council [2022] NSWLEC 1054

Land and Environment Court New South Wales

Medium Neutral Citation: Perrignon v Ku-ring-gai Council [2022] NSWLEC 1054 Hearing dates: 8 and 9 December 2021, 11 February 2022 Date of orders: 18 February 2022 Decision date: 18 February 2022 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to development application number DA 0084/21 lodged with the Respondent on 5 March 2021 and subsequently amended as filed with the Court on 28 January 2022, seeking consent for alterations and additions to the existing dwelling and garage and a new swimming pool on Lot 11 in DP 5168, also known as 16 Mackenzie Street, Lindfield, subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to a dwelling in a heritage conservation area – amended plans – conciliation conference – agreement reached. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cll 49, 55, Ku-ring-gai Local Environmental Plan 2015, cll 2.3, 2.7, 4.4, 4.6, 5.10, Sch 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 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005, cl 13, Div 2 Category: Principal judgment Parties: Matthew William Perrignon (First Applicant) Betina Perrignon (Second Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: A Pickles, SC (Applicants) K Gerathy, Solicitor (Respondent)