Jere Investment Pty Ltd v Ku-ring-gai Council [2022] NSWLEC 1623

Land and Environment Court New South Wales

Medium Neutral Citation: Jere Investment Pty Ltd v Ku-ring-gai Council [2022] NSWLEC 1623 Hearing dates: Conciliation conference on 11 August 2022; 28 September 2022; 26 October 2022; 3 November 2022 Date of orders: 9 November 2022 Decision date: 09 November 2022 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The applicant is to pay the respondent's costs thrown away by the amended development application, in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), as agreed or assessed. (2) The appeal is upheld. (3) Development consent is granted to development application number DA 0510/21, seeking consent for demolition of existing structures and construction of a multi dwelling housing development with eight townhouses, basement parking, and associated works at Lots 10 and 11 in Deposited Plan 608144, also known as 2 and 2A Woodville Avenue, Wahroonga, subject to the conditions of consent in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – multi dwelling housing development – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2000, cl 55, Sch 1 Pt 1 cl 2A Ku-ring-gai Local Environmental Plan 2015, cll 2.3, 2.7, 4.3, 4.4, 5.10, 6.1, 6.2, 6.3, 6.4, 6.5, 6.6 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (BASIX Sustainability Index – BASIX) 2004 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119, 2.120 Category: Principal judgment Parties: Jere Investment Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) K Gerathy (Solicitor) (Respondent)