Bellevue Projects Pty Ltd v Ku-ring-gai Council [2024] NSWLEC 1557

Land and Environment Court New South Wales

Medium Neutral Citation: Bellevue Projects Pty Ltd v Ku-ring-gai Council [2024] NSWLEC 1557 Hearing dates: Conciliation conference on 6 September 2024 Date of orders: 11 September 2024 Decision date: 11 September 2024 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) The Development Application DA0236/23 is determined by grant of consent for development at 35 Water Street, Wahroonga known as Lot 100 DP 1278904 for the Torrens title subdivision of the existing lot into 4 lots, being a single Torrens title lot containing the original Smeaton Grange dwelling and stables, and subdivision under the Community Land Development Act 2021 Neighbourhood Scheme for proposed Lots 3-5, construction of a new dwelling on proposed Lot 4, construction of a new dwelling and pool on proposed Lot 5, restoration and conversion of stables on Lot 1 to secondary dwelling, vegetation management works on proposed Lot 3 and various heritage conservation works on proposed Lot 4 and proposed Lot 1, subject to the conditions contained at Annexure A. Catchwords: APPEAL – development application – conciliation conference – agreement reached – orders made Legislation Cited: Biodiversity Conservation Act 2016, ss 7.7, 7.13 Community Land Development Act 2021 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, s 34 Biodiversity Conservation Regulation 2017, cl 7.3 Environmental Planning and Assessment Regulation 2021, ss 27, 37, 38 Ku-ring-gai Local Environmental Plan 2015, cll 2.6, 4.1, 4.1AA, 5.4, 5.10, 6.1, 6.2, 6.3, 6.5, Sch 5 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.7, 6.9 Category: Principal judgment Parties: Bellevue Projects Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: J Cole (Solicitor) (Applicant) N Ferguson (Solicitor) (Respondent)