Wang v Ku-ring-gai Council [2025] NSWLEC 1079

Land and Environment Court New South Wales

Medium Neutral Citation: Wang v Ku-ring-gai Council [2025] NSWLEC 1079 Hearing dates: Conciliation conference 31 January 2024 Date of orders: 14 February 2025 Decision date: 14 February 2025 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Court, as consent authority, approves, pursuant to section 113(4) of the Environmental Planning and Assessment Regulation 2021, of the Applicant amending its modification application No. eMOD0092/24 in accordance with the documents listed at [38] of this judgment. (2) Consent is granted to Modification Application eMOD0092/24 and accordingly Development Consent DA0114/23, granted by the Land and Environment Court on 19 December 2023 (LEC Proceedings No. 2023/205549) for the construction of a two storey home, pool and tennis court at 3 Graham Avenue, Pymble, is modified in the terms set out in Annexure A, (3) Development consent DA0114/23, as modified, is set out in Annexure B. Catchwords: MODIFICATION APPLICATION – s 4.55(8) application to the Court to modify a development consent granted by the Court – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, s 6.12, 7.7 Environmental Planning and Assessment Act 1979, s 4.55 Heritage Act 1977, s 57, Div 3 Land and Environment Court Act 1979, s 34 Biodiversity Conservation Regulation 2017 Ku-ring-gai Local Environmental Plan 2015, cll 5.10, 6.2, Sch 5, Pts 1, 4, 5, 6 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 2.3, Ch 2 State Environmental Planning Policy (Sustainable Buildings) 2022 Cases Cited: Wang v Ku-ring-gai Council [2023] NSWLEC 1782 Category: Principal judgment Parties: Xuenan Wang (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: S Siv (Solicitor) (Applicant) E Peachey (Solicitor) (Respondent)