Zdrilic v Ku-ring-gai Council [2019] NSWLEC 1604

Land and Environment Court New South Wales

Medium Neutral Citation: Zdrilic v Ku-ring-gai Council [2019] NSWLEC 1604 Hearing dates: 7-8 November 2019 Date of orders: 06 December 2019 Decision date: 06 December 2019 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders: (1) The Applicant is granted leave to rely upon the amended plans marked Exhibit A, and as further amended in Exhibit L. (2) The appeal is upheld (3) Development consent for Development Application No. 0590/17 for the demolition of existing structures and construction of a new dwelling at 38 Springdale Street, Killara is granted, subject to conditions contained at Annexure 'A'. (4) All Exhibits are returned, except for Exhibits A, B and L. Catchwords: DEVELOPMENT APPEAL – heritage conservation area – whether the site is a contributory property – Federation and Inter War character – Springdale 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: Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Texts Cited: Ku-ring-gai Development Control Plan 2015 Standards Australia, Australian Standard AS2870 - Residential Slabs and Footings, (2011) Category: Principal judgment Parties: Tony Zdrilic (First Applicant) Katrina Zdrilic (Second Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: M Staunton (Applicants) A Hudson (Solicitor) (Respondent)