To v Ku-ring-gai Municipal Council [2011] NSWLEC 1185

Land and Environment Court New South Wales

Medium Neutral Citation: To v Ku-ring-gai Municipal Council [2011] NSWLEC 1185 Hearing dates: 25 November 2010, 16 December 2010, 4 March 2011, 5 April 2011 Decision date: 05 April 2011 Jurisdiction: Class 1 Before: Murrell C Decision: (1)The appeal to modify the consent issued by the Council for 16 station Street Pymble, is upheld in part. (2)The s 96 modification application as amended is granted consent subject to the conditions in Annexure 'A'. (3)The appeal against the 121B order is upheld in part and the order is modified and is to be substituted with the order attached at Annexure 'B' that shows a schedule of works to be staged and to be completed within twelve months to Council's satisfaction. Catchwords: APPEALS: S 96 modification application and building certificates. Impact on adjoining properties; impact on heritage conservation area; impact on streetscape; adequacy of landscaped area; impact on trees; whether substantially the same development. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Jonah Pty Ltd v Pittwater Council (2006) 144 LGERA 408 Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298 Vasic v Penrith Council (1992 unreported - Stein J) Category: Principal judgment Parties: Mr Pui Wing To (Applicant)

Ku-ring-gai Municipal Council (Respondent) Representation: Counsel Mr Gary Green (Applicant)

Mrs L Finn (Respondent) Solicitors Pikes Lawyers (Applicant)