Artz 2 Design Pty Limited v Ku Ring Gai Council [2015] NSWLEC 1380

Land and Environment Court New South Wales

Medium Neutral Citation: Artz 2 Design Pty Limited v Ku Ring Gai Council [2015] NSWLEC 1380 Hearing dates: 17 August 2015 Date of orders: 17 August 2015 Decision date: 17 August 2015 Jurisdiction: Class 1 Before: Dixon C Decision: (1) The appeal is upheld. (2) Development consent is granted to development application number 0184/14 in respect of the property 7 Wonga Wonga Street, Turramurra, for the demolition of the existing dwelling house and the construction of six townhouses with basement parking subject to the conditions annexed and marked A; (3) The applicant is to pay the Council's s97(b) costs associated with the amended plans as agreed or assessed, and; (4) The exhibits are returned, apart from Exhibits A, B and C. Catchwords: APPEAL –– Consent Orders - Development application for the construction of a town house development with basement car parking. Legislation Cited: Environmental Planning and Assessment Act 1979 Ku -ring -gai Local Environmental Plan (Local Centre) 2012 Category: Principal judgment Parties: Artz 2 Design Pty Limited (Applicant) Ku Ring Gai Council (Respondent) Representation: Counsel: Joerg Paul Henry Schmidt-Liermann (Applicant) Michael Astill (Respondent)

Solicitors: Schmidt-Liermann Pty Ltd (Applicant) Norton Rose Fulbright Australia (Respondent) File Number(s): 10959 of 2014

EXTEMPORE JUDGMENT 1. This is an appeal pursuant to s97 (1) of the Environmental Planning and Assessment Act 1979. 2. The applicant, Artz 2 Pty Limited, seeks the Court's approval to demolish an existing dwelling, tennis court and pool to allow the construction of a townhouse development comprising 6 dwellings with basement car parking at 7 Wonga Wonga Street, Turramurra (the site). 3. The development proposal is detailed in the amended plans marked Exhibits A, B and C (the amended plans). 4. The Council's Further Amended Statement of Facts and Contentions (Exhibit 3) describes the site; the relevant statutory controls, and the original contentions. I note the following.