Carisakai Pty Ltd v Ku-Ring-Gai Council [2024] NSWLEC 1829

Land and Environment Court New South Wales

Medium Neutral Citation: Carisakai Pty Ltd v Ku-Ring-Gai Council [2024] NSWLEC 1829 Hearing dates: Conciliation Conference on 17 and 18 September 2024 (s 34 Agreement filed 3 October) Date of orders: 20 December 2024 Decision date: 20 December 2024 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No eDA0131/23 for alterations and additions to an existing dwelling and associated landscaping works at 18 Clermiston Avenue, Roseville NSW 2069, being Lot 22 DP6535, is determined by the grant of consent subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPEAL – alterations and additions to dwelling house – heritage conservation area – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, s 34AA Environmental Planning and Assessment Regulation 2021, s 38 Ku-Ring-Gai Local Environmental Plan 2015, cll 4.3, 4.4, 5.10, 6.3 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021 Category: Principal judgment Parties: Carisakai Pty Ltd ACN 6677 10474(Applicant) Ku-Ring-Gai Council (Respondent) Representation: Counsel: J Mckelvey (Applicant) C Shaw (Solicitor)(Respondent)