Metro St Ives Pty Ltd v Ku-ring-gai Council [2023] NSWLEC 1287

Land and Environment Court New South Wales

Medium Neutral Citation: Metro St Ives Pty Ltd v Ku-ring-gai Council [2023] NSWLEC 1287 Hearing dates: Conciliation Conference on 18 April 2023 Date of orders: 09 June 2023 Decision date: 09 June 2023 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The Applicant is granted leave to amend Development Application No. 0270/22 in accordance with the schedule of plans referred to in Condition 1 of the conditions of consent at Annexure A. (2) The appeal is upheld. (3) The Applicant is to pay those costs of the Respondent that have been thrown away as a result of the amendment of the application in the amount of $17,133, within 21 days of the date of these orders, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (4) Development Application No. 0270/22, as amended, for the demolition of existing structures and construction of a multi dwelling housing development containing 25 dwellings, basement parking and associated works, at 46-50 Cowan Road, St Ives, is determined by the grant of consent, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – multi-dwelling housing development – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Ku-ring-gai Local Environmental Plan 2015, cll 6.2, 6.5, 6.6 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Metro St Ives Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: H Irish (Applicant) P Shumack (Solicitor) (Respondent)