CKDI Pty Ltd as trustee for CKDI Unit Trust v Ku-ring-gai Council [2023] NSWLEC 1018

Land and Environment Court New South Wales

Medium Neutral Citation: CKDI Pty Ltd as trustee for CKDI Unit Trust v Ku-ring-gai Council [2023] NSWLEC 1018 Hearing dates: 15, 16 August 2022 Date of orders: 17 January 2023 Decision date: 17 January 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development application DA0095/21 seeking consent for the consolidation of existing lots, conservation and restoration of former group home 'Warrina', reinstatement of tennis court and gardens, the construction of 8 x multi-dwelling houses, basement parking and associated site works at 8 Woonona Avenue, Wahroonga (Lot 1,2 and 3 in DP 218874) is determined by way of refusal. (3) Exhibits are returned with the exception of Exhibits A, B, C, G. Catchwords: DEVELOPMENT APPLICATION – reuse of existing locally listed heritage item – restoration and conservation works proposed – development application seeks to utilise heritage incentives clause for permissibility of the proposed use – planning and heritage matters agreed by experts – what are the works for which consent are sought – what is the land to which the development relates – does the applicant have owners consent for that land – does the proposed development provide adequate water management – does the stormwater management system include all reasonable measures to avoid adverse impacts on adjoining land – appeal dismissed. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.5, 4.15, 4.16, 4.17, 8.7, 77 Environmental Planning and Assessment Regulation 2000, cl 49, 55, Sch 1, cl 2, 3 Ku-ring-gai Local Environmental Plan 2015, cll 5.10, 6.5 Land and Environment Court Act 1979, s 40 Cases Cited: Al Maha Pty Ltd v Huajun Investments Pty Ltd (2018) 365 ALR 86; [2018] NSWCA 245 Botany Bay City Council v Remath Investments No 6 Pty Ltd Limited ACN 001 804 673 [2000] NSWCA 364 Hoxton Park Residents Action Group Inc v Liverpool City Council (2011) 81 NSW LR 638; [2011] NSWCA 349 Michael Brown Planning Strategies Pty Ltd v Wingecarribee Shire Council [2020] NSWCA 137 North Sydney Council v Ligon 302 Pty Ltd (1996) 185 CLR 470; (1996) 137 ALR 644; [1996] HCA 20 Truslan Dumaresq Development Pty Ltd v Ku- ring- gai Council [2022] NSWLEC 1169 Category: Principal judgment Parties: CKDI Pty Ltd as trustee for CKDI Unit Trust (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: I Hemmings SC (Applicant) A Stafford (Respondent)