De Sousa Property Holdings Pty Ltd v Ku-ring-gai Council [2023] NSWLEC 1616

Land and Environment Court New South Wales

Medium Neutral Citation: De Sousa Property Holdings Pty Ltd v Ku-ring-gai Council [2023] NSWLEC 1616 Hearing dates: Conciliation conference on 16 October 2023 Date of orders: 19 October 2023 Decision date: 19 October 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to development application number DA501/22, seeking consent for demolition of the existing dwelling, construction of new dwelling, new driveway and modified front fence at Lot 14 in DP14922 also known as 1 Kylie Avenue, Killara, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – dwelling house development in R2 Low Density Residential zone – conciliation conference – agreement between parties - orders Legislation Cited: Biodiversity and Conservation Act 2016, Part 7, ss 7.2, 7.7 Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2021, s 38 Ku-ring-gai Local Environmental Plan 2015, cll 4.3, 4.4, 5.10, 6.1, 6.2, 6.5, Sch 5 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, s 2.10 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: De Sousa Property Holdings Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) C Rose (Solicitor) (Applicant)