SLushY Pty Limited v Ku-ring-gai Council [2021] NSWLEC 1394

Land and Environment Court New South Wales

Medium Neutral Citation: SLushY Pty Limited v Ku-ring-gai Council [2021] NSWLEC 1394 Hearing dates: 7 & 8 June 2021 Date of orders: 13 July 2021 Decision date: 13 July 2021 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) The Applicant is granted leave to rely on amended plans; (2) The appeal is upheld; (3) Development application DA0536/19 for the demolition of existing structures and the construction of a 74 place childcare centre with lower ground floor car parking, landscaping and associated works at 102 Kissing Point Road, Turramurra is determined by the grant of consent, subject to the conditions at Annexure 'A'; (4) The exhibits are returned, except exhibits A, B and 7. Catchwords: DEVELOPMENT APPLICATION – child care centre – impacts on two significant trees – adequacy of proposed offset plantings – potential impacts on neighbours – public interest Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15(1), 4.15(3A), 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 77 Land and Environment Court Act 1979, s 34 Ku-ring-gai Local Environmental Plan 2015, cll 2.3, 4.3, 4.4, 6.3 State Environmental Planning Policy No 55—Remediation of Land, cl 7(1) State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, cll 8, 22, 23, 25, 26 Cases Cited: Omid Mohebati-Arani v Ku-ring-gai Council [2017] NSWLEC 143 Texts Cited: Building Code of Australia Ku-ring-gai Biodiversity and Riparian Lands Study 2013 Ku-ring-gai Development Control Plan 2015 Land and Environment Court of New South Wales COVID-19 Pandemic Arrangements Policy, April 2021 NSW Department of Planning and Environment, Child Care Planning Guideline, 2017 NSW Environmental Protection Authority, Excavated Natural Materials (ENM) Order (2014) for Excavated Natural Materials SAI Global, Australian Standard for the Protection of Trees on development sites (AS4970:2009) Tritton, Louise M. & Hornbeck, James W. & Northeastern Forest Experiment Station (Radnor, Pa.). (1982). Biomass equations for major tree species of the northeast. Broomall, Pa : U.S. Dept. of Agriculture, Forest Service, Northeastern Forest Experiment Station Category: Principal judgment Parties: SLushY Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: A Seton (Solicitor) (Applicant) D Birch (Respondent)