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Class 1 — Merit appeal Ku-ring-gai Council 05 June 2026

Place Studio Au Pty Ltd v Ku-ring-gai Council [2026] NSWLEC 1336

Before: Targett C · NSW Land and Environment Court

PrivacyOvershadowing / SolarTraffic / ParkingTrees / LandscapingNoise / AmenityClause 4.6 VariationConciliation / AgreementDemolitionBiodiversity

Summary

APPEAL – Development application - residential flat building - conciliation conference – agreement between the parties - orders

Catchwords

APPEAL – Development application - residential flat building - conciliation conference – agreement between the parties - orders

Outcome

The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application eDA0189/25 for demolition of the existing dwellings and construction of a seven-storey residential flat building containing 39 apartments over three levels of basement parking at 7-11 Pockley Avenue, Roseville, subject to the conditions contained at Annexure A. (3) The applicant is to pay the respondent’s costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) in the agreed amount of $24,000 payable within 28 days of the orders being made.

Legislation cited

Biodiversity Conservation Act 2016 (NSW), Pt 7, ss 6.12, 6.15, 7.2, 7.7, 7.13 Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 8.7, 8.10, 8.11, 8.15 Land and Environment Court Act 1979 (NSW), ss 17, 34   Environmental Planning and Assessment Regulation 2021 (NSW), s 38 Ku-ring-gai Local Environmental Plan 2015 cll 1.8A, 4.6, 5.21, 6.1, 6.2, 6.3, 6.4, 6.5, 6.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, Pt 6.2, Div 2, ss 6.6, 6.7, 6.8, 6.9, 6.10 State Environmental Planning Policy (Housing) 2021, Ch 5, ss 144, 145, 147, 148, 150, 152, 154, 155, 156, 157, 158, 159, 161, Sch 9 State Environmental Planning Policy (Resilience and Hazards) 2021

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