Beaconsfield Pde Pty Ltd v Ku-ring-gai Council [2023] NSWLEC 1313

Land and Environment Court New South Wales

Medium Neutral Citation: Beaconsfield Pde Pty Ltd v Ku-ring-gai Council [2023] NSWLEC 1313 Hearing dates: Conciliation conference on 7 June 2023 Date of orders: 21 June 2023 Decision date: 21 June 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The written request under cl 4.6 of the Ku-ring-gai Local Environmental Plan 2015, which relates to a non-compliance with the minimum lot width requirements in cl 6.6(2)(b) of the Ku-ring-gai Local Environmental Plan 2015, is upheld; (2) the Applicant is to pay the Respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $18,760 within 28 days of the date of these orders; (3) the appeal is upheld; (4) Development Application No 0277/22 is determined by grant of consent for the demolition of structures, tree removal, construction of a residential flat building with 22 residential units including basement parking, landscaping and associated works at 4 and 4A Beaconsfield Parade, Lindfield (legally known as Lot B in DP 342546 and Lot A in DP 342546) subject to the conditions contained at Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – residential apartment development in R4 High Residential Density zone – minimum dimension of the lot – conciliation conference – agreement between parties – orders Legislation Cited: Conveyancing Act 1919, s 88 Environmental Planning and Assessment Act 1979, ss 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, ss 29, 37 Ku-ring-gai Local Environmental Plan 2015, cll 4.3, 4.4, 4.6, 6.1, 6.2, 6.5, 6.6 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity Conservation) 2021, Ch 6, s 6.6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development, cll 28, 30, Sch 1 Texts Cited: Ku-ring-gai Development Control Plan NSW Department of Planning and Environment, Apartment Design Guide Category: Principal judgment Parties: Beaconsfield Pde Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: H Kahagalle (Solicitor) (Applicant) C Rose (Solicitor) (Respondent)