Bridgewell and SLD Developments Pty Ltd v Ku-ring-gai Council [2022] NSWLEC 1229

Land and Environment Court New South Wales

Medium Neutral Citation: Bridgewell and SLD Developments Pty Ltd v Ku-ring-gai Council [2022] NSWLEC 1229 Hearing dates: Conciliation conference held 18 February 2022, 17 and 31 March 2022, final agreement filed 31 March 2022 Date of orders: 3 May 2022 Decision date: 03 May 2022 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA0382/21 and rely on the amended plans and documents listed at condition 1 of Annexure A. (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of amending the Development Application in the agreed sum of $10,000 within 28 days of these orders. (3) The Applicant's written request, pursuant to clause 4.6 of the Ku-ring-gai Local Environmental Plan 2015 (KLEP), seeking to vary the development standard for floor space ratio as set out at clause 4.4 of the KLEP, is upheld. (4) The Applicant's written request, pursuant to clause 4.6 of the KLEP, seeking to vary the development standard for site depth as set out at clause 6.6 of the KLEP, is upheld. (5) The appeal is upheld. (6) Consent is granted to Development Application DA0382/21 (as amended) for the demolition of existing structures and construction of a residential apartment building comprising 37 apartments, basement car parking, landscaping and associated works at 4A, 6, 6A, 8 and 10 Maclaurin Parade, Roseville, subject to the conditions of consent contained at Annexure A. Catchwords: DEVELOPMENT APPLICATION – residential apartment building – cl 4.6 written request – floor space ratio – site depth – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, cl 7.2 Environmental Planning and Assessment Act 1979, ss 2.22, 4.14, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll 50, 55 Ku-ring-gai Local Environmental Plan 2015, cll 4.4, 4.6, 5.1, 6.2, 6.3, 6.5, 6.6 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (December 2021) NSW Rural Fire Service, Planning for Bushfire Protection, (November 2019) Category: Principal judgment Parties: Bridgewell and SLD Developments Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: E Whitney (Solicitor) (Applicant) C Morton (Solicitor) (Respondent)