Zhang v Ku-ring-gai Council [2024] NSWLEC 1809

Land and Environment Court New South Wales

Medium Neutral Citation: Zhang v Ku-ring-gai Council [2024] NSWLEC 1809 Hearing dates: Conciliation conference held on 11 November 2024 Date of orders: 17 December 2024 Decision date: 17 December 2024 Jurisdiction: Class 1 Before: Targett C Decision: The Court orders: (1) The appeal is upheld. (2) Pursuant to section 8.18(4)(b) of the Environmental Planning and Assessment Act 1979, the Development Control Order dated 17 May 2024 (EPA0111/23), relating to works at Lot 51 in Deposited Plan 551115 and known as 125A Eastern Road Turramurra NSW 2074, issued by the respondent to the applicant, is modified so that: (a) the "Terms of Order" are deleted and replaced with the following terms: 1. Demolition of the Awning: Demolish the awning on the north-east side of the existing dwelling. 2. Partial demolition of the Pergola: Demolish that part of the pergola structure that protrudes to the northeast beyond an alignment with the northeastern wall of the main residence so that the pergola structure's northeastern most point is in line with the northeastern wall of the residence. (b) The 'Period For Compliance With The Order' is deleted and replaced with: 'The order is to be carried out by 30 April 2025'. Catchwords: DEVELOPMENT CONTROL ORDER – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.18, 9.34, Sch 5 Pt 1 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: Yaxin Zhang (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: N Nadj (Solicitor) (Applicant) C Shaw (Solicitor) (Respondent)