McKenzie v Ku-ring-gai Council [2018] NSWLEC 1683

Land and Environment Court New South Wales

Medium Neutral Citation: McKenzie v Ku-ring-gai Council [2018] NSWLEC 1683 Hearing dates: 21 December 2018 Date of orders: 24 December 2018 Decision date: 24 December 2018 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeals are upheld. (2) Modification Application 0087/18 is approved to modify Development Consent 0088/16 for 23 Springdale Road, Killara, to change the roof cladding to Boral terracotta shingles in charcoal grey, subject to the consolidated conditions of consent at Annexure A. (3) Order EPA097/17 for 23 Springdale Road, Killara, issued by Ku-ring-gai Council and dated 5 January 2018, is revoked. (4) The exhibits, other than Exhibits 2, 3, A and B, are returned. Catchwords: MODIFICATION APPLICATION AND DEVELOPMENT CONTROL ORDER: change roof cladding material and colour; impact on heritage significance of the heritage conservation area. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Ku-ring-gai Local Environmental Plan 2015 Cases Cited: McKenzie v Ku-ring-gai Council [216] NSWLEC 1480 Kendall Street v Byron Shire Council (2004) 138 LGERA 360 Texts Cited: Ku-ring-gai Development Control Plan Category: Principal judgment Parties: Lynne McKenzie (Applicant) Ku-ring-gai Council (Respondent) Representation: Solicitors: A Knox, Pikes and Verekers Lawyers J Ede, Wilshire Webb Staunton Beattie Lawyers File Number(s): 2018/17289; 2018/171926 Publication restriction: No