RYNP Education Consultancy Pty Ltd v Ku-Ring-Gai Council [2024] NSWLEC 1737

Land and Environment Court New South Wales

Medium Neutral Citation: RYNP Education Consultancy Pty Ltd v Ku-Ring-Gai Council [2024] NSWLEC 1737 Hearing dates: Conciliation Conference 31 July, 26 August, 20 September 2024 Date of orders: 19 November 2024 Decision date: 19 November 2024 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders that: (1) The Appeal is upheld; (2) Development Control Order EPA0038/24 dated 7 May 2024 and issued by the Respondent to the Applicant pursuant to Division 9.3 and Part 1, Schedule 5 of the Environmental Planning and Assessment Act 1979 (EPA Act), in relation to the property at 8 Norwood Avenue, Lindfield NSW 2070, is modified in accordance with s 8.18(4)(c) of the EPA Act in in the terms set out in the Development Control Order at Annexure 'A'. . Catchwords: APPEAL – Development Control Order – unlawful removal of significant trees and vegetation and associated works on the land - conciliation conference – agreement between the parties – modified Restore Works Order made Legislation Cited: Environmental Planning and Assessment Act 1979, Pt 1, 6, Div 9.3 ss 8.18, 9.34, 9.35, Sch 5 Land and Environment Court Act 1979, s 34 Ku-ring-Gai Local Environmental Plan 2015, cl 6.3 Category: Principal judgment Parties: RYNP Education Consultancy Pty Ltd ABN 656061004 (Applicant) Ku- Ring-Gai Council (Respondent) Representation: Counsel: P Murray (solicitor) (Applicant) C Rose (solicitor) (Respondent)