Xu v Ku-ring-gai Council [2024] NSWLEC 1219

Land and Environment Court New South Wales

Medium Neutral Citation: Xu v Ku-ring-gai Council [2024] NSWLEC 1219 Hearing dates: Conciliation Conference 16 and 17 April 2024 Date of orders: 26 April 2024 Decision date: 26 April 2024 Jurisdiction: Class 1 Before: Targett AC Decision: The Court orders that: 1) The appeal is upheld. 2) Development application number DA0340/22, as amended, for alterations and additions, including an upper floor addition, detached carport, swimming pool and associated works, for Lot 651 in Deposited Plan 752031, known as 14 Canberra Crescent, East Lindfield, is determined by the grant of development consent subject to the conditions included at Annexure A. Catchwords: APPEAL – Development application –alterations and additions –conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.10, 8.14 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, ss 17, 34, 34AA Ku-ring-gai Local Environmental Plan 2015, cll 4.3, 4.4, 6.1, 6.2, 6.5 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Sustainable Buildings) 2022 State Environmental Planning Policy (Resilience and Hazards) 2021 Category: Principal judgment Parties: Ming Xu (First Applicant) Liang Ren (Second Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: T March (Applicant) C Shaw (Solicitor) (Respondent)