Brett Stephen Lord and Marcus William Ayres v The Minister for Planning and Infrastructure [2014] NSWLEC 1268

Land and Environment Court New South Wales

Medium Neutral Citation: Brett Stephen Lord and Marcus William Ayres v The Minister for Planning and Infrastructure [2014] NSWLEC 1268 Hearing dates: 2 – 5 December 2014 Date of orders: 12 December 2014 Decision date: 12 December 2014 Jurisdiction: Class 1 Before: Moore SC Decision: Appeal to be upheld after revised proposed orders are provided. If revised proposed orders are provided promptly, orders will be made in chambers – otherwise matter adjourned for mention. Catchwords: DEVELOPMENT: concept plan; whether proposed development should incorporate two adjacent sites; whether development should have its intensity increased. DEVELOPMENT: impact on and ongoing preservation of Blue Gum High Forest; visual, overshadowing, acoustic and heritage impacts on nearby residences; traffic impact in the vicinity of the proposed development. DEVELOPMENT: effect of declaration under the repealed Part 3A of the Environmental Planning and Assessment Act 1979 in setting aside local planning controls that would not have permitted development of the scale allowed by the declaration. HERITAGE: impact on property recorded as an item of local heritage. Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 State Environmental Planning Policy Major Projects 2005 Category: Principal judgment Parties: Brett Stephen Lord and Marcus William Ayres (Applicant)

The Minister for Planning and Infrastructure (1st Respondent) Ku-ring-gai Council (2nd Respondent) Representation: Counsel: