Taylor v Ku-ring-gai Council [2023] NSWLEC 1642

Land and Environment Court New South Wales

Medium Neutral Citation: Taylor v Ku-ring-gai Council [2023] NSWLEC 1642 Hearing dates: Conciliation conference on 25 October 2023 Date of orders: 31 October 2023 Decision date: 31 October 2023 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) The appeal is upheld. (2) Development Consent is granted to Development Application Number DA0422/22 for alterations and additions to the existing dwelling including construction of a basement level and reconstruction of a tennis court above, on land legally described as Lot 1 DP 577743 and Lot 2 DP 577743 known as 26A Merrivale Road, Pymble NSW 2073, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – 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 4.3, 4.4, 5.10, 5.21, 6.1, 6.2, 6.3, Sch 5 Land and Environment Court Act 1979, s 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: Victoria Taylor (Applicant) Ku-Ring-Gai Council (Respondent) Representation: Counsel: D Tyrrell (Solicitor) (Applicant) C Morton (Solicitor) (Respondent)