Li v Ku-ring-gai Council [2023] NSWLEC 1248

Land and Environment Court New South Wales

Medium Neutral Citation: Li v Ku-ring-gai Council [2023] NSWLEC 1248 Hearing dates: 23-24 February 2023: final submissions on 23 March 2023 Date of orders: 23 May 2023 Decision date: 23 May 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application DA0180/22 seeking consent for the demolition of an existing dwelling and construction of a new two-storey dwelling house, cabana, swimming pool and associated works at 12 Stuart Street, Wahroonga is determined by the grant of consent, subject to conditions of consent at Annexure A. (3) All Exhibits are returned except for Exhibits A, B and C. Catchwords: DEVELOPMENT APPLICATION – dwelling house development in R2 Low Density Residential zone – Wahroonga heritage conservation area – whether a contributory item Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Land and Environment Court Act 1979, s 34AA Ku-ring-gai Local Environmental Plan 2015, cll 4.3, 5.10, 6.1, 6.2, 6.3 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Environmental Planning and Assessment Regulation 2021, s 37 Cases Cited: Jennifer Knox v Ku-ring-gai Council [2022] NSWLEC 1722 Texts Cited: A Pictorial guide to Identifying Australian Architecture: Styles and Terms from 1788 to the Present', by Richard Apperly, Robert Irving and Peter Reynolds Ku-ring-gai Development Control Plan 2015 P Davies, 'Ku-ring-gai potential heritage conservation areas north review', 2010 Category: Principal judgment Parties: Jing Li (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: N Eastman (Applicant) C Rose (Solicitor) (Respondent)