Zou v Ku-ring-gai Council [2023] NSWLEC 1425

Land and Environment Court New South Wales

Medium Neutral Citation: Zou v Ku-ring-gai Council [2023] NSWLEC 1425 Hearing dates: Conciliation conference on 21 July 2023 Date of orders: 08 August 2023 Decision date: 08 August 2023 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away as agreed in the sum of $2,300 pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is upheld. (3) Development consent is granted to Development Application DA0226/22 lodged on 7 June 2022, as amended, for the Torrens title subdivision of one lot into two, demolition of four outbuildings and associated works at 4 Illoura Avenue Wahroonga NSW 2076, subject to the conditions of consent at Annexure A. Catchwords: APPEAL – development application – Torrens title subdivision and retention of heritage item – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, ss 37, 38 Ku-ring-gai Local Environmental Plan 2015, cll 2.6, 2.7, 4.1, 4.3, 4.4, 5.10, 6.2, 6.3, 6.5 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 9, ss 2.10, 6.65, 9.3 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Minghai Zou (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: S Frost (Solicitor) (Applicant) C Morton (Solicitor) (Respondent)