Roseville Returned Servicemen’s Memorial Club Ltd v Ku-ring-gai Council [2021] NSWLEC 1198

Land and Environment Court New South Wales

Medium Neutral Citation: Roseville Returned Servicemen's Memorial Club Ltd v Ku-ring-gai Council [2021] NSWLEC 1198 Hearing dates: Conciliation conference on 9 April 2021 Date of orders: 27 April 2021 Decision date: 27 April 2021 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The applicant is granted leave to amend the development application and rely on the following drawings: a. DA100, Basement 3 Plan, revision J prepared by PBD Architects dated 11 February 2021; b. DA101, Basement 2 Plan, revision J prepared by PBD Architects dated 11 February 2021; and c. DA102, Basement 1 Plan, revision J prepared by PBD Architects dated 11 February 2021. (2) The Applicant's written request under clause 4.6 of the Ku-ring-gai Local Environmental Plan (Local Centres) 2012 (KLEP) dated May 2020 seeking a variation of the development control for floor space ratio set out in clause 4.4 of the KLEP is upheld. (3) The Applicant's written request under clause 4.6 of KLEP dated May 2020 seeking a variation of the development control for height of buildings set out in clause 4.3 of KLEP is upheld. (4) The appeal is upheld. (5) Development Application DA0134/18 for the demolition of the existing club and construction of shop top housing consisting of ground floor club and residential dwellings above, with basement parking is approved subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16 and 8.7(1) Environmental Planning and Assessment Regulation 2000, s 77 Land and Environment Court Act 1979, s 34(3) Ku-ring-gai Local Environmental Plan (Local Centres) 2012, cll 2.3, 4.3, 4.4, 4.6, 6.2, 6.3 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, cl 3 State Environmental Planning Policy No 55—Remediation of Land, cl 7(1) Texts Cited: Land and Environment Court of New South Wales COVID-19 Pandemic Arrangements Policy (July 2020) Ku-ring-gai Local Centres Development Control Plan 2017 Category: Principal judgment Parties: Roseville Returned Servicemen's Memorial Club Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: A Gadiel (Solicitor) (Applicant) J Smith (Respondent)