Burns Rd Pty Ltd v Ku-ring-gai Council [2023] NSWLEC 1340

Land and Environment Court New South Wales

Medium Neutral Citation: Burns Rd Pty Ltd v Ku-ring-gai Council [2023] NSWLEC 1340 Hearing dates: Conciliation conference on 15 June 2023 Date of orders: 04 July 2023 Decision date: 04 July 2023 Jurisdiction: Class 1 Before: Chilcott C Decision: In proceedings 2022/210035, the Court orders that: (1) Pursuant to cl 121B of the Environmental Planning and Assessment Regulation 2000 the Court, exercising the functions of the consent authority, agrees to the amendment of modification application MOD 0215/21 to include the amended plans and documents listed in Annexure A; (2) The appeal is upheld. (3) Development Consent No. DA0429/10, granted by the Respondent on 29 September 2010, is modified in the terms set out in Annexure B pursuant to modification application MOD0215/21; (4) Development Consent No. DA0429/10 as modified by the Court is at Annexure C. In proceedings 2023/28496, the Court orders that: (1) The appeal is upheld. (2) The Respondent is directed to issue a building information certificate for application no. EBCU0076/22, for works carried out to the carport roof and parapet wall for House B at 113 Burns Road, Wahroonga (legally described as Lot 1 in Deposited Plan 234275). Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.55, 8.9, 8.25 Environmental Planning and Assessment Regulation 2000, cl 121B Land and Environment Court Act 1979, s 34 Ku-ring-gai Local Environmental Plan 2015, cll 2.3, 6.3 State Environmental Planning Policy No.53- Metropolitan Residential Development 1997 State Environmental Planning Policy (Repeal of State Environmental Planning Policy No 53—Metropolitan Residential Development) 2011 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Texts Cited: Department of Urban Affairs and Planning and NSW Environment Protection Authority, Managing Land Contamination: Planning Guidelines SEPP 55–Remediation of Land 1998 NSW Government Gazette No. 53 of 3 June 2011 Ku-ring-gai Development Control Plan 2023 Category: Principal judgment Parties: Burns Rd Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: Vatala S (Solicitor)(Applicant) Morton C (Solicitor)(Respondent)