Song v Ku-ring-gai Council [2023] NSWLEC 1495

Land and Environment Court New South Wales

Medium Neutral Citation: Song v Ku-ring-gai Council [2023] NSWLEC 1495 Hearing dates: Conciliation Conference on 23 August 2023 Date of orders: 1 September 2023 Decision date: 01 September 2023 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No. DA0138/22, as amended, for alterations and additions to the existing dwelling, removal of the existing swimming pool and construction of a new pool within a heritage conservation area at 46 Hastings Road, Warrawee, is determined by the grant of development consent subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – alterations and additions – heritage – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, s 38 Ku-ring-gai Local Environmental Plan 2015, cll 2.3, 4.3, 4.4, 5.10, 6.1, 6.2, 6.5 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 Category: Principal judgment Parties: Xinyi Song (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: J Smith (Applicant) C Rose (Solicitor) (Respondent)