Eastern High Pty Ltd v Ku-ring-gai Council [2023] NSWLEC 1383

Land and Environment Court New South Wales

Medium Neutral Citation: Eastern High Pty Ltd v Ku-ring-gai Council [2023] NSWLEC 1383 Hearing dates: 19, 20 April 2023 Date of orders: 20 July 2023 Decision date: 20 July 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development application DA0101/22 seeking consent for demolition of the existing structures and construction of a multi dwelling housing development with four dwellings, basement parking and associated works at 15 Boyd Street, Turramurra (Lot 1 in DP 27304) is determined by the refusal of consent. (3) The exhibits are returned with the exception of Exhibits 1, G, and C. Catchwords: DEVELOPMENT APPLICATION — proposed multi dwelling housing development of four dwellings over basement car park – whether the proposed use is characterised as a residential flat building, prohibited development– whether the request to vary the lot size and frontage standard should be upheld – appeal dismissed. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.4, 4.15, 8.9, 39 Land and Environment Court Act 1979, s 34 Ku-ring-gai Local Environmental Plan 2015, cll 4.6, 6.6 Cases Cited: Baron Corporation Pty Limited v Council of the City of Sydney (2019) 243 LGERA 338; [2019] NSWLEC 61 Botany Bay City Council v Pet Carriers International Pty Ltd (2013) 201 LGERA 116; [2013] NSWLEC 147 Hrsto v Canterbury City Council (No 2) (2014) 204 LGERA 148; [2014] NSWLEC 121 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Katerinis v Canterbury-Bankstown Council [2017] NSWLEC 1479 Level 1 Construction Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1405 Mount Annan 88 Pty Ltd v Camden Council [2016] NSWLEC 1072 Texts Cited: Ku-ring-gai Community Participation Plan 2020 Ku-ring-gai Development Control Plan 2015 Category: Principal judgment Parties: Eastern High Pty Ltd (Applicant) Ku-ring-gai Municipal Council (Respondent) Representation: Counsel: J Smith (Applicant) G Farland (Respondent)