Evergordon Pty Ltd v Ku-ring-gai Council [2020] NSWLEC 1313

Land and Environment Court New South Wales

Medium Neutral Citation: Evergordon Pty Ltd v Ku-ring-gai Council [2020] NSWLEC 1313 Hearing dates: Conciliation conference on 26 May 2020 Date of orders: 22 July 2020 Decision date: 22 July 2020 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant is granted leave to amend the development application and rely upon the following plans in the proceedings referred to at Condition 1 in Annexure A. (2) The Applicant is to pay the Respondent's s8.15(3) costs thrown away in the proceeding as agreed or assessed. (3) The Applicant's written request dated 27 May 2020 prepared by Evolution Planning pursuant to clause 4.6 of the Ku-ring-gai Local Environmental Plan (Local Centres) 2012 ('KLEP 2012') seeking a variation of the development standard for height of buildings set out in clause 4.3 of KLEP is upheld. (4) The appeal is upheld. (5) Development Application DA0316/19 seeking the alterations and additions to a shop top housing development at Lot 17 in DP 249171, known as 900 Pacific Highway Gordon is approved subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – alterations and additions to shop top housing – variation to maximum height – amended plans – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Ku-ring-gai Local Environmental Plan (Local Centres) 2012 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Texts Cited: Department of Infrastructure, Planning and Natural Resources, 'Seniors Living Policy: Urban Design Guidelines for Infill Development' (March 2004) Category: Principal judgment Parties: Evergordon Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) A Hudson (Solicitor) (Respondent)