Kooloth v Ku-ring-gai Council [2019] NSWLEC 1586

Land and Environment Court New South Wales

Medium Neutral Citation: Kooloth v Ku-ring-gai Council [2019] NSWLEC 1586 Hearing dates: 14 October 2019 Date of orders: 08 November 2019 Decision date: 08 November 2019 Jurisdiction: Class 1 Before: Galwey AC Decision: The Court orders that: (1) The appeal is dismissed. (2) The exhibits, apart from Exhibit A, are returned. Catchwords: DEVELOPMENT APPLICATION – additions to an existing dwelling – condition of consent regarding tree retention – contribution of the tree to the Heritage Conservation Area – whether removal of the tree would ordinarily require a permit – whether there is any reason to remove the condition of consent Legislation Cited: Environmental Planning and Assessment Act 1979 Ku-ring-gai Local Environmental Plan 2015 Cases Cited: Barrett v Blue Mountains City Council [2011] NSWLEC 1341 Texts Cited: Ku-ring-gai Council Application to Prune or Remove Trees on Private Property (form) Ku-ring-gai Development Control Plan 2016 Category: Principal judgment Parties: Nanda Kishor Kooloth (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: N Kooloth (Litigant in person) (Applicant) J Ede (Solicitor) (Respondent)

Solicitors: Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 2018/381144 Publication restriction: No

Judgment 1. COMMISSIONER: This appeal made by Nanda Kooloth pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) is against the 'Determination of Development Application' DA0423/17 for alterations and additions at 11 Bell Street, Gordon ('the site') by Ku-Ring-Gai Council ('Council') dated 27 June 2018. Specifically, Mr Kooloth seeks review of Condition 49 of the consent, requiring the retention of Tree 16, a Cedrus Deodara (Himalayan Cedar) and amendment of any flow-on conditions from its retention (for example, conditions for tree protection).