Capital Corporation Wahroonga Pty Limited v Ku-ring-gai Council [2022] NSWLEC 1501

Land and Environment Court New South Wales

Medium Neutral Citation: Capital Corporation Wahroonga Pty Limited v Ku-ring-gai Council [2022] NSWLEC 1501 Hearing dates: Conciliation conference held 27 May, 7 June, 21 July, 2 and 12 August 2022, final agreement filed 12 August 2022 Date of orders: 15 September 2022 Decision date: 15 September 2022 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA0539/21 and rely on the amended plans and documents listed at 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 as agreed or assessed. (3) The appeal is upheld. (4) Consent is granted to Development Application DA0539/21 (as amended) for the demolition of the existing structures, Torrens Title subdivision into three lots, construction of four residential flat buildings comprising 177 apartments with basement car parking, new internal road and associated site works including tree removal at 161-163, 167 and 169 Fox Valley Road, Wahroonga subject to the conditions of consent contained at Annexure B. Catchwords: DEVELOPMENT APPLICATION – residential apartment building – concept approval – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, s 7.2 Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017, cll 2, Sch 2 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll 50, 55 Ku-ring-gai Local Environmental Plan 2015, cll 4.1, 5.10, 5.21, 6.1, 6.2, 6.3, 6.4, 6.5, 6.6, 6.11 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, cl 4.9 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, cl 2.122 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cl 30 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (February 2022) Category: Principal judgment Parties: Capital Corporation Wahroonga Pty Limited (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: M Harker (Applicant) C Morton (Solicitor) (Respondent)