SRGD No. 2 Pty Ltd v Ku-ring-gai Council [2022] NSWLEC 1686

Land and Environment Court New South Wales

Medium Neutral Citation: SRGD No. 2 Pty Ltd v Ku-ring-gai Council [2022] NSWLEC 1686 Hearing dates: Conciliation conference held 26 July, 25 August and 6, 21 and 31 October 2022, final agreement filed 28 October 2022 Date of orders: 8 December 2022 Decision date: 08 December 2022 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA0043/22 and reply upon amended plans and documents referred to in condition1 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 in the agreed sum of $16,000 within 28 days of the date of these orders. (3) The appeal is upheld. (4) Consent is granted to Development Application DA0043/22 (as amended) for the demolition of existing buildings, removal of trees, consolidation of lots, the construction of 20 dwellings with one level of basement car parking, and associated civil and landscaping works at 6-12 Nulla Nulla Street, Turramurra, subject to the conditions contained at Annexure A. Catchwords: DEVELOPMENT APPLICATION – multi-dwelling housing development – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Ku-ring-gai Local Environmental Plan 2015, cll 4.1, 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 (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (February 2022) Category: Principal judgment Parties: SRGD No. 2 Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: A Lindeman-Jones (Solicitor) (Applicant) K Arthur (Solicitor) (Respondent)