Barkl v Ku-ring-gai Council [2015] NSWLEC 1076

Land and Environment Court New South Wales

Medium Neutral Citation: Barkl v Ku-ring-gai Council [2015] NSWLEC 1076 Hearing dates: 28 January 2015 Decision date: 18 March 2015 Jurisdiction: Class 1 Before: O'Neill C Decision: 1.The appeal is upheld. 2.Development Application No. 184/14 for alterations and additions to an existing dwelling at 50 Chelmsford Avenue, Lindfield, is approved, subject to the conditions of consent at Annexure 'A'. 3.The exhibits, other than exhibit B, are returned. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to a dwelling identified as contributory to a heritage conservation area; impact on heritage significance of heritage conservation area Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Ms Donna Barkl (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: Mr S. Kondilios Solicitor (Applicant) Mr A. Hudson (Respondent)

Solicitors: Hall & Wilcox Lawyers (Applicant) Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 10885 of 2014

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 against the refusal of Development Application No. 184/14 for alterations and additions to an existing dwelling (the proposal) at 50 Chelmsford Avenue, Lindfield (the site) by Ku-ring-gai Council (the Council). 2. The appeal was subject to mandatory conciliation on 28 January 2015, in accordance with the provisions of s 34AA of the Land and Environment Court Act 1979. As agreement was not reached during the conciliation phase, the conciliation conference was terminated pursuant to s 34AA(2)(b) and the proceedings dealt with as a hearing held forthwith, pursuant to s 34AA(2)(b)(i). The parties consented to the admission of evidence given during the conciliation conference in the hearing, pursuant to s 34(12) LEC Act.