Garbourg v Ku-ring-gai Council [2022] NSWLEC 1429

Land and Environment Court New South Wales

Medium Neutral Citation: Garbourg v Ku-ring-gai Council [2022] NSWLEC 1429 Hearing dates: 6, 7 June 2022 and 1 July 2022 Date of orders: 16 August 2022 Decision date: 16 August 2022 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders that: (1) The appeal is dismissed. (2) Modification Application MOD0058/21 to modify Development Consent DA No 0139/20 in relation to the land described as Lot 10 DP 13482 and known as 37 Ayres Rd, St Ives is refused. (3) All exhibits are returned with the exception of Exhibits A, B, 1 and 7, which are retained. Catchwords: MODIFICATION APPLICATION – residential development – whether modified development is substantially the same as development originally approved Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.55, 6.7, 8.9, 8.10 Land and Environment Court Act 1979, ss 34, 34AA, 34C Ku-ring-gai Local Environmental Plan 2015, cll 4.4, 4.6 Cases Cited: Agricultural Equity Investments Pty Ltd v Westlime Pty Ltd (No 3) [2015] NSWLEC 75 Arrage v Inner West Council [2019] NSWLEC 85 Jonah Pty Limited v Pittwater Council (2006) 144 LGERA 408; [2006] NSWLEC 99 Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298; [1999] NSWLEC 280 SDHA Pty Ltd v Waverley Council (2015) 209 LGERA 233 [2015] NSWLEC 65 Texts Cited: Ku-ring-gai Development Control Plan 2015 Category: Principal judgment Parties: Ran Garbourg (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: J Reid (Applicant) Dr J Smith (Respondent)