Eternity Era Capital Pty Ltd v Ku-ring-gai Council [2024] NSWLEC 1632

Land and Environment Court New South Wales

Medium Neutral Citation: Eternity Era Capital Pty Ltd v Ku-ring-gai Council [2024] NSWLEC 1632 Hearing dates: Conciliation Conference on 4 & 5 September 2024 Date of orders: 09 October 2024 Decision date: 09 October 2024 Jurisdiction: Class 1 Before: Macken AC Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application DA0383/23 as amended, for phase 1 alterations and additions to an existing dwelling, the construction of a detached dual occupancy, associated landscaping works and phase 2 Torrens title subdivision for Lot B in DP 965438, commonly known as 12 Burns Road, Wahroonga, is determined by the grant of consent subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION — conciliation conference — agreement between the parties Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2021, s 38 Ku-ring-gai Local Environmental Plan 2015, cll 4.1, 4.3, 4.4, 4.6, 6.2, 6.1, Sch 1 cl 31 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Eternity Era Capital Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: J Smith (Applicant) L Sims (Respondent)