Steve Wu Architects Pty Ltd v Ku-ring-gai Council [2024] NSWLEC 1190

Land and Environment Court New South Wales

Medium Neutral Citation: Steve Wu Architects Pty Ltd v Ku-ring-gai Council [2024] NSWLEC 1190 Hearing dates: 3 April 2024 Date of orders: 17 April 2024 Decision date: 17 April 2024 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) The development application number DA0109/23 for the demolition of existing structures, tree removal, subdivision of Lot X in DP 442469 into 6 residential lots, the extension of Dorset Drive and construction of stormwater infrastructure at 139 Rosedale Road, St Ives, is determined by the grant of development consent subject to the conditions in Annexure A. (3) Exhibits A, B, C, J, H, 4 and 5 are retained, and Exhibits D, E, F, 1-3 are returned. Catchwords: APPEAL – development application – subdivision of land – offer to enter into a planning agreement for dedication of land – contentions addressed by additional information – agreed conditions of consent Legislation Cited: Biodiversity Conservation Act 2016, ss 7.7, 7.13 Environmental Planning and Assessment Act 1979, ss 4.15, 7.4, 7.5, 7.7, 8.7 Rural Fires Act 1997, s 100B Biodiversity Conservation Regulation 2017, cl 7.2 Environmental Planning and Assessment Regulation 2021, ss 38, 204 Ku-ring-gai Council Local Environmental Plan 2015, cll 4.1, 6.3, 6.4, 6.5 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt 6.2, ss 6.6, 6.7, 6.9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Cases Cited: Omaya Investments Pty Limited v Dean Street Holdings Pty Limited (No 5) [2020] NSWLEC 9 Texts Cited: Ku-ring-gai Development Control Plan Category: Principal judgment Parties: Steve Wu Architects Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) C Novak (Respondent)