Andrew Burgess v Ku-ring-gai Council [2024] NSWLEC 1113

Land and Environment Court New South Wales

Medium Neutral Citation: Andrew Burgess v Ku-ring-gai Council [2024] NSWLEC 1113 Hearing dates: 12 and 13 December 2023 Date of orders: 14 March 2024 Decision date: 14 March 2024 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders that: (1) The appeal is dismissed. (2) The Development Application DA0323/22, as amended, seeking development consent for alterations and additions including a first floor addition over the existing garage for use as a secondary dwelling at Lot 2 in DP 522802 known as 6 Wattle Street Killara NSW 2071, is refused. (3) The Exhibits, apart from Exhibits A, B and 1, are returned. Catchwords: DEVELOPMENT APPLICATION – secondary dwelling – alterations and additions – character – bulk and scale – privacy – landscaping – private open space – hearing Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Land and Environment Court Act 1979, s 34AA Ku-ring-gai Local Environmental Plan 2015 Texts Cited: Ku-ring-gai Development Control Plan 2022 Ku-ring-gai Community Participation Plan 2020 Category: Principal judgment Parties: Andrew Burgess (Frist Applicant) Yang Wu (Second Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: G McKee (Solicitor)(Applicant) C Shaw (Solicitor)(Respondent)

Solicitors: McKees Legal Solutions (First and Second Applicant) Shaw Reynolds Lawyers Pty Ltd (Respondent) File Number(s): 2023/198433 Publication restriction: No