Blake v Ku-ring-gai Council [2016] NSWLEC 1265

Land and Environment Court New South Wales

Medium Neutral Citation: Blake v Ku-ring-gai Council [2016] NSWLEC 1265 Hearing dates: 7-9 June 2016 Date of orders: 28 June 2016 Decision date: 28 June 2016 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is dismissed. 2. Development Application No. 442/14 for demolition of existing structures and construction of a multi-dwelling housing development consisting of six townhouses over basement parking at 7 Duff Street, Turramurra, is refused. 3. The exhibits, other than exhibit 6 and S, are returned. Catchwords: DEVELOPMENT APPLICATION: multi-dwelling housing development; impact on trees and biodiversity; internal amenity; economic and orderly development of adjoining site. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Mr Peter Blake (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: Mr A. Pickles SC (Applicant) Ms J. Reid barrister (Respondent) Solicitors: Apex Planning and Environmental Law (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s): 2016/162142 (formerly 10744 of 2015)

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. 442/14 for the demolition of existing structures and construction of multi-dwelling housing development consisting of six townhouses over two levels of basement parking (the proposal) at 7 Duff Street, Turramurra (the site) by Ku-ring-gai Council (the Council). 2. The appeal was subject to mandatory conciliation on 1 December 2015, in accordance with the provisions of s 34 of the Land and Environment Court Act 1979 (LEC Act). As agreement was not reached during the conciliation phase, the conciliation conference was terminated on 4 February 2016, pursuant to s 34(4) of the LEC Act. The proposal was amended following the termination of the conciliation conference and leave was granted by the Court on 21 March 2016 for the applicant to rely on the amended proposal. 3. Leave was granted by the Court at the commencement of the hearing for the applicant to rely on a further amended proposal, revision C (exhibit A). The leave sought was unopposed by the Council, subject to s 97B of the EPA Act. Further minor amendments and corrections were made to the architectural plans during the hearing in response to expert evidence to correct errors and inconsistencies and resolve some of the contentions, resulting in two further tenders of architectural plans revision D (exhibits Q and S). The proposal referred to in the judgment is the proposal documented in exhibit S.