Upson v Ku-ring-gai Council [2024] NSWLEC 1283

Land and Environment Court New South Wales

Medium Neutral Citation: Upson v Ku-ring-gai Council [2024] NSWLEC 1283 Hearing dates: Conciliation Conference 24 April, 8 May 2024 Date of orders: 29 May 2024 Decision date: 29 May 2024 Jurisdiction: Class 1 Before: Targett AC Decision: See orders at [18] below. Catchwords: DEVELOPMENT CONTROL ORDER – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.10, 8.18, 9.34, Sch 5 Land and Environment Court Act 1979, ss 17, 34 Ku-ring-gai Local Environmental Plan 2015 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Category: Principal judgment Parties: Jemma Upson (First Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: D Briggs (Solicitor) (Applicant) C Shaw (Solicitor) (Respondent)

Solicitors: DG Briggs and Associates (Applicant) Shaw Reynolds Lawyers (Respondent) File Number(s): 2023/360086 Publication restriction: Nil

Judgment

COMMISSIONER: 1. This is a Class 1 Development Appeal pursuant to s 8.18 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the Development Control Order (No. EPA0103/23 dated 30 October 2023) issued by the respondent under s 9.34(1) and Part 1 of Schedule 5 of the EPA Act (DCO) to the applicant in relation to land identified as Lot 30 Sec A in Deposited Plan 3277 and Lot B in Deposited Plan 354707 and known as 54 Roseville Avenue, Roseville NSW 2069 (Site). The DCO comprised Order No. 3 – Demolish Works Order, which required the removal of steel reinforcing that was placed in the open trenches in the front yard of the Site and the demolition and removal of the retaining walls constructed without consent, and Order No. 10 – Restore Works Order, which required the reinstatement of the front garden area to its previous condition and the backfilling of the open trenches in the front yard. 2. The Court has power to dispose of these proceedings under its Class 1 jurisdiction pursuant to s 17(d) of the Land and Environment Court Act 1979 (LEC Act).