Turramurra Avenue Development Pty Ltd v Ku-Ring-Gai Council [2022] NSWLEC 1562

Land and Environment Court New South Wales

Medium Neutral Citation: Turramurra Avenue Development Pty Ltd v Ku-Ring-Gai Council [2022] NSWLEC 1562 Hearing dates: Conciliation conference held 19 July 2022, 5 and 19 August 2022, and 1 and 27 September 2022, final agreement filed 27 September 2022 Date of orders: 14 October 2022 Decision date: 14 October 2022 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA 0002/22 and rely on the amended plans and documents reflected 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 $6,600 within 35 days of the date of the parties' signed agreement having been filed with the Court. (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 height of buildings as set out at clause 4.3 of the KLEP, is upheld. (4) The appeal is upheld. (5) Consent is granted to Development Application DA 0002/22 (as amended) for the demolition of existing buildings and construction of two residential flat buildings containing 42 units above a shared common basement with 91 car spaces and associated landscape works at 17-21 Gilroy Road and 14-18 Turramurra Avenue, Turramurra subject to the conditions contained at Annexure A. Catchwords: DEVELOPMENT APPLICATION – residential apartment development – cl 4.6 written request – height of buildings – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.46, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll, 50, 55 Ku-ring-gai Local Environmental Plan 2015, cll 2.3, 4.3, 4.6, 5.10, 6.1, 6.2, 6.3, 6.5, 6.6 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 9 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Water Management Act 2000 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (February 2022) Category: Principal judgment Parties: Turramurra Avenue Development Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: L Cone (Solicitor) (Applicant) C Rose (Solicitor) (Respondent)