Wang v Ku-ring-gai Council [2023] NSWLEC 1782

Land and Environment Court New South Wales

Medium Neutral Citation: Wang v Ku-ring-gai Council [2023] NSWLEC 1782 Hearing dates: Conciliation conference on 18-19 December 2023 Date of orders: 19 December 2023 Decision date: 19 December 2023 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to development application DA0114/23 for the construction of a two-storey home, pool and tennis court including associated landscaping at 3 Graham Avenue, Pymble, being Lot 8 DP 1291190, subject to conditions annexed hereto and marked 'Annexure A'. Catchwords: APPEAL – development application – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, ss 6.12, 7.7 Environmental Planning and Assessment Act 1979, ss 4.16, 8.12 Environmental Planning and Assessment Regulation 2021, ss 27, 38 Heritage Act 1977, s 57 Ku-ring-gai Local Environmental Plan 2015, cll 2.3, 4.3, 4.4, 5.10, 5.21, 6.1, 6.2, 6.3, 6.4; Sch 5, Pt 1 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 (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Xuenan Wang (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: J Reid (Applicant) J Walker (Solicitor) (Respondent)