Woods v Ku-ring-gai Council [2019] NSWLEC 1122

Land and Environment Court New South Wales

Medium Neutral Citation: Woods v Ku-ring-gai Council [2019] NSWLEC 1122 Hearing dates: 11-12 and 26 March 2019 Date of orders: 28 March 2019 Decision date: 28 March 2019 Jurisdiction: Class 1 Before: O'Neill C Decision: (1) The appeal is upheld. (2) Development Application No. 0573/17 for the demolition of the existing dwelling and the construction of a new dwelling, swimming pool and tennis court is approved, subject to the conditions of consent at Annexure A. (3) The exhibits, other than Exhibits 1, A and B, are returned. Catchwords: DEVELOPMENT APPLICATION: demolition of existing dwelling and construction of a new dwelling, swimming pool and tennis court – whether the demolition of the existing dwelling will adversely impact upon the heritage significance of the heritage conservation area – whether the new dwelling will adversely impact upon the heritage significance of the heritage conservation area Legislation Cited: Environmental Planning and Assessment Act 1979 Interpretation Act 1987 Ku-ring-gai Local Environmental Plan 2015 Land and Environment Court Act 1979 Cases Cited: Stockland Development Pty Ltd v Manly Council (2004) 136 LGERA 254 Texts Cited: Ku-ring-gai Development Control Plan Category: Principal judgment Parties: David Woods (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: I Hemmings SC (Applicant) R White (Respondent)