Sandy Outlook Pty Ltd as trustee for Sandy Outlook Trust v Ku-ring-gai Council [2024] NSWLEC 1111

Land and Environment Court New South Wales

Medium Neutral Citation: Sandy Outlook Pty Ltd as trustee for Sandy Outlook Trust v Ku-ring-gai Council [2024] NSWLEC 1111 Hearing dates: Conciliation conference on 15 February 2024 Date of orders: 14 March 2024 Decision date: 14 March 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No. DA0151/22, as amended, for a three lot Torrens Title Residential Subdivision of Lot B DP 32907 at 4 Cliff Avenue, North Wahroonga, and associated vegetation removal, demolition, earthworks and provision of services including stormwater infrastructure at Lot 3 DP 1084328, known as 18 Cliff Avenue, North Wahroonga, is determined by the grant of consent subject to conditions at Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – subdivision – biodiversity – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, ss 6.4, 7.2, 7.7, 7.13, 7.16, Environmental Planning and Assessment Act 1979, ss 4.16, 4.46, 8.7 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B Environmental Planning and Assessment Regulation 2021, s 38 Ku-ring-gai Local Environmental Plan 2015, cll 2.3, 2.7, 4.1, 6.1, 6.2, 6.3, 6.5 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 4 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: NSW Rural Fire Service, Planning for Bushfire Protection Guidelines, November 2019 Category: Principal judgment Parties: Sandy Outlook Pty Ltd as trustee for Sandy Outlook Trust (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: M Seymour SC (Applicant) L Sims (Respondent)