Mackenzie Architects International Pty Ltd v Ku-ring-gai Council [2020] NSWLEC 1276

Land and Environment Court New South Wales

Medium Neutral Citation: Mackenzie Architects International Pty Ltd v Ku-ring-gai Council [2020] NSWLEC 1276 Hearing dates: Conciliation conference held on 16 June 2020 Date of orders: 29 June 2020 Decision date: 29 June 2020 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No. 337/17 (as amended) for the demolition of existing structures and the construction of a residential flat building comprising 36 units, basement parking and associated landscaping, at 1456-1456A Pacific Highway, Turramurra, is approved, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION — conciliation conference — agreement between the parties – non-compliance with development standards for floor space ratio, height of buildings and site requirements for residential flat buildings Legislation Cited: Environmental Planning and Assessment Act 1979 Ku-ring-gai Local Environmental Plan (Local Centres) 2012 Land and Environment Court Act 1979 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Ku-ring-gai Development Control Plan Category: Principal judgment Parties: Mackenzie Architects International Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: M Staunton (Applicant) C Morton (Solicitor) (Respondent)