Roberts v Ku-Ring-Gai Council [2019] NSWLEC 1550

Land and Environment Court New South Wales

Medium Neutral Citation: Roberts v Ku-Ring-Gai Council [2019] NSWLEC 1550 Hearing dates: Conciliation conference on 2 September 2019; 21 October 2019; 29 October 2019 Date of orders: 14 November 2019 Decision date: 14 November 2019 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders: (1) The Applicant is granted leave to rely on the amended plans referred to in condition 1 of Annexure "A". (2) The Applicant is to pay the Respondent's costs thrown away as a result of the amendments in the sum of $13,000 payable within 28 days of the date of this agreement, pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW). (3) The appeal is upheld. (4) Development consent is granted to Development Application No. DA0515/18 seeking consent for the demolition of the existing dwelling and swimming pool, and construction of 8 new units, basement carparking and associated works in accordance with the State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 on the land at 205 Eastern Road, Wahroonga NSW 2076 (formally known as Lot A in DP 408410), subject to the conditions of consent annexed hereto and marked "A." Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Ku-ring-gai Local Environmental Plan 2015 Land and Environment Court Act 1979 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 State Environmental Planning Policy No.55 – Remediation of Land Category: Principal judgment Parties: Daniel Roberts (Applicant) Ku-Ring-Gai Council (Respondent) Representation: Counsel: M Parrino (Solicitor) (Applicant) C Drury (Solicitor) (Respondent)