Beechworth Unit Trust ATF Beechworth Management Pty Ltd v Ku-ring-gai Municipal Council [2022] NSWLEC 1600

Land and Environment Court New South Wales

Medium Neutral Citation: Beechworth Unit Trust ATF Beechworth Management Pty Ltd v Ku-ring-gai Municipal Council [2022] NSWLEC 1600 Hearing dates: Conciliation Conference 13 October 2022 Date of orders: 01 November 2022 Decision date: 01 November 2022 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld (2) Development consent is granted to development application number DA 0177/21, seeking consent for consolidation of existing lots and construction of thirteen attached self-contained dwellings (in the form of a residential flat building) including a basement, landscaping, and associated works at Lots 1, 2 and 3 in Deposited Plan 1226345, also known as 4, 4A, and 4B Beechworth Road, Pymble, subject to the conditions in Annexure 'B'. (3) The Applicant is to pay the Respondent's costs thrown away by the amended Development Application referred to in Annexure A, in accordance with section 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), as agreed or assessed. Catchwords: DEVELOPMENT APPLICATION – attached self-contained dwellings – amended plans and further information – conciliation – agreement between the parties – orders made Legislation Cited: Biodiversity Conservation Act 2016 Biodiversity Conservation Regulation 2017, cl 7.2 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55(1) Environmental Planning and Assessment Regulation 2021, cl 29 Ku-ring-gai Local Environmental Plan 2015, cll 2.3, 4.6, 6.1, 6.2, 6.3, 6.4, 6.5 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, Div 2, Sch 3, cll 4, 26, 28, 30, 31, 33, 34, 35, 36, 37, 38, 39, 40 State Environmental Planning Policy (Housing) 2021, Sch 7A State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.99, 2.100 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cl 28, Sch 1 Cases Cited: Club Marconi Limited v Fairfield City Council [2021] NSWLEC 132 Texts Cited: NSW Department of Planning's 'Apartment Design Guide' NSW Department of Planning's 'Development near Rail Corridors and Busy Roads Interim Guidelines' Seniors Living Policy: Urban Design Guideline for Infill Development, March 2004 Category: Principal judgment Parties: Beechworth Unit Trust ATF Beechworth Management Pty Ltd (Applicant) Ku-ring-gai Municipal Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) K Gerathy (Solicitor) (Respondent)