Lumex Property Group Pty Ltd v Ku-ring-gai Council [2020] NSWLEC 1628

Land and Environment Court New South Wales

Medium Neutral Citation: Lumex Property Group Pty Ltd v Ku-ring-gai Council [2020] NSWLEC 1628 Hearing dates: Conciliation conference on 24 November 2020 Date of orders: 10 December 2020 Decision date: 10 December 2020 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) The Applicant's written request pursuant to clause 4.6 of the Ku-ring-gai Local Environmental Plan (Local Centres) 2012 ("KLEP 2012") dated 24 November 2020 seeking to justify the breach of the height of buildings development standard pursuant to clause 4.3 of KLEP 2012 is upheld. (2) The appeal is upheld. (3) Development Application DA 0070/20, demolition of existing structures, construction of a mixed-use development (shop top housing) comprising 17 dwellings and basement parking; and design amendments to DA0443/17 - 305- 311 Pacific Highway Lindfield - Integrated Development (Department of Primary Industries – Water under Section 91 of the Water Management Act 2000) at 305, 307, 309-311, 313, 315 Pacific Highway, Lindfield NSW is approved subject to the conditions at Annexure "A". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – 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 (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Category: Principal judgment Parties: Lumex Property Group Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: L Nurpuri (Applicant) A Hudson (Solicitor) (Respondent)