Chen v Ku-ring-gai Municipal Council [2019] NSWLEC 1095

Land and Environment Court New South Wales

Medium Neutral Citation: Chen v Ku-ring-gai Municipal Council [2019] NSWLEC 1095 Hearing dates: 5 March 2019 Date of orders: 14 March 2019 Decision date: 14 March 2019 Jurisdiction: Class 1 Before: O'Neill C Decision: (1) The appeal is dismissed. (2) Development Application No. 0092/18 for the subdivision of the property into two lots and minor alterations and additions to the existing dwelling is refused. (3) The exhibits, other than Exhibits 1 and A, are returned. Catchwords: DEVELOPMENT APPLICATION: subdivision into two Torrens Title lots; minor alterations and addition to the existing dwelling identified as contributory to the heritage significance of the heritage conservation area; impact on the heritage significance of the heritage conservation area; impact on the heritage significance of adjoining heritage items. Legislation Cited: Environmental Planning and Assessment Act 1979 Ku-ring-gai Local Environmental Plan 2015 Land and Environment Court Act 1979 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446 Texts Cited: Ku-ring-gai Development Control Plan Category: Principal judgment Parties: Xiao Chen (Applicant) Ku-ring-gai Municipal Council (Respondent) Representation: Counsel: R O'Gorman-Hughes (Respondent)

Solicitors: G McKee, McKees Legal Solutions (Applicant) Shaw Reynolds Lawyers (Respondent) File Number(s): 2018/203371 Publication restriction: No