Lanevick Pty Ltd v Ku-ring-gai Council [2026] NSWLEC 1358
Before: Porter C · NSW Land and Environment Court
Summary
DEVELOPMENT APPEAL – residential flat building – conciliation conference – agreement between the parties – orders
Catchwords
DEVELOPMENT APPEAL – residential flat building – conciliation conference – agreement between the parties – orders
Outcome
The Court orders that: (1) The Applicant is to pay the Respondent’s costs thrown away by reason of the amended development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) as agreed or assessed. (2) The appeal is upheld. (3) Development Application eDA0408/25 for demolition of the existing building and construction of a residential flat building with shared parking and associated works including tree removal, earthworks and stormwater infrastructure at 3 Lamond Drive, Turramurra is determined by the grant of consent subject to conditions contained in Annexure A.
Legislation cited
Biodiversity Conservation Act 2016 (NSW), ss 7.7, 7.13 Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 8.7, 8.15 Land and Environment Court Act 1979 (NSW), s 34 Biodiversity Conservation Regulation 2017 (NSW), s 7.3 Environmental Planning and Assessment Regulation 2021 (NSW), ss 23, 24, 27, 29, 38 Ku-ring-gai Local Environmental Plan 2012, cll 2.3, 4.6, 6.1, 6.2, 6.3, 6.5, 6.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6 State Environment Planning Policy (Housing) 2021, Ch 4, 6, ss 147, 163, 175, 177, 180, Sch 9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.120
Read the full judgment
Authoritative text on NSW Caselaw · ~25k words
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