Li v Ku-ring-gai Council [2026] NSWLEC 1606
Before: Peatman AC · NSW Land and Environment Court
Summary
DEVELOPMENT APPLICATION – demolition – three-attached terraces – landscaping – subdivision – conciliation conference – agreement between the parties – orders
Catchwords
DEVELOPMENT APPLICATION – demolition – three-attached terraces – landscaping – subdivision – conciliation conference – agreement between the parties – orders
Outcome
The Court orders: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the costs of the Respondent that were thrown away as a result of amending the Development Application, in the agreed amount of $6,250.00, to be paid within 28 days of the date of these orders. (2) The appeal is upheld. (3) Development Application No eDA0636/25 for the demolition of existing structures, construction of three attached terraces, associated works and Torrens Title subdivision on Lot 19 in Deposited Plan 30909 known as 19 Lynbara Avenue, St Ives is determined by the grant of consent subject to Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 4.17, 8.7, 8.15 Land and Environment Court Act 1979 (NSW), ss 17, 34 Environmental Planning and Assessment Regulation 2021 (NSW), ss 27, 37, 38, 61 Ku-ring-gai Local Environmental Plan 2015, cll 2.3, 2.7, 4.3, 4.4, 6.1, 6.2, 6.5 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, ss 6.6, 6.7, 6.8, 6.9, 6.10 State Environmental Planning Policy (Housing) 2021, Ch 6, ss 162, 164, 170, 171, 172, 173 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, Ch 2
Read the full judgment
Authoritative text on NSW Caselaw · ~15k words
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