Hua v Ku-ring-gai Council [2023] NSWLEC 1518

Land and Environment Court New South Wales

Medium Neutral Citation: Hua v Ku-ring-gai Council [2023] NSWLEC 1518 Hearing dates: Conciliation conference on 17-18 August 2023 Date of orders: 13 September 2023 Decision date: 13 September 2023 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) The Court, exercising the powers of the consent authority pursuant to s 39(2) of the Land and Environment Court Act 1979, approves the amendment of the development application the subject of these proceedings to rely on the amended plans and materials as listed in Annexure A, pursuant to section 38 of the Environmental Planning and Assessment Regulation 2021. (2) The appeal is upheld. (3) Development consent is granted to development application DA 0093/22 lodged with Ku-Ring-Gai Council on 15 March 2022, seeking approval for alterations to an existing dwelling house at 28 Middle Harbour Road, Lindfield, including new swimming pool, cabana, driveway, turning circle, retaining walls, relocation and resurfacing of tennis court, drainage works and new landscaping, subject to the conditions of consent at Annexure D. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – alterations and additions – Sydney Turpentine Ironbark Forest – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, ss 34, 34AA, 39 Ku-ring-gai Local Environmental Plan 2015, cll 4.3, 4.4, 5.10, 5.21, 6.1, 6.2, 6.3, 6.4, 6.5 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards), s 4.6 Category: Principal judgment Parties: Vy Hua (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: J Palmer (Solicitor) (Applicant) C Rose (Solicitor) (Respondent)