RD Beechworth Pty Ltd v Ku-ring-gai Council [2024] NSWLEC 1074

Land and Environment Court New South Wales

Medium Neutral Citation: RD Beechworth Pty Ltd v Ku-ring-gai Council [2024] NSWLEC 1074 Hearing dates: Conciliation conference on 19 February 2024 Date of orders: 27 February 2024 Decision date: 27 February 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The Applicant is to pay $15,500 to the Respondent in satisfaction of the costs order made on 6 December 2023 within 28 days of judgment being handed down. (2) The appeal is upheld. (3) Concept Development Application No. 0326/22 is determined by the grant of consent for the Torrens title subdivision of two existing residential allotments into four new allotments, and includes a detailed first stage of works, including: the demolition of existing structures, the construction of new works (including stormwater works, driveways and retaining walls) and tree removal to facilitate the proposed subdivision at 46 and 48 Beechworth Road, Pymble, NSW 2073 (legally known as Lot 3 and Lot 3B of DP 419009), subject to the conditions contained at Annexure A. Catchwords: DEVELOPMENT APPLICATION – concept development application – demolition – subdivision – certain construction works – certain tree removal – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.22, 8.7, Div 4.4 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulations 2021, s 38 Ku-ring-gai Local Environmental Plan 2015, cll 2.3, 2.7, 5.10, 6.3, 6.5 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, s 2.6, Pt 2.3 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: RD Beechworth Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: A Rhodes (Solicitor) (Applicant) C Rose (Solicitor) (Respondent)