Kinala Pty Limited v Port Stephens Council [2023] NSWLEC 1502

Land and Environment Court New South Wales

Medium Neutral Citation: Kinala Pty Limited v Port Stephens Council [2023] NSWLEC 1502 Hearing dates: 12, 13 and 14 April 2023 Date of orders: 06 September 2023 Decision date: 06 September 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court directs that: (1) By 21 September 2023, the parties are to confer, and if possible agree on the terms of conditions of consent, and amendments to other documents as may be necessary, relating to the redesign of the accessible ramp and inclusion of privacy screens to reflect the findings of this judgment at [73] and [75], and file the agreed conditions and any other appropriate amended documents as necessary. (2) If the parties are not able to agree on the particulars of conditions of consent and other documentary amendments, as necessary, by 21 September 2023, each party is to file in Court and serve the party's version of the proposed conditions to reflect the findings at [73] and [75]. (3) Liberty to restore is available in the normal manner, and online Court submissions can be made should there be agreed modifications to the timetable above. Catchwords: DEVELOPMENT APPEAL – residential flat building – contravention of the height of building development standard – interface with zone and interface with height of building – character – hierarchy of town centre – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.15, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Port Stephens Local Environmental Plan 2013, cll 4.3, 4.6 State Environmental Planning Policy (Transport and lnfrastructure) 2021, Ch 2, s 2.45 Cases Cited: Anglican Community Services v Blacktown City Council [2020] NSWLEC 1031 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Seaside Property Developments Pty Ltd v Wyong Shire Council [2004] NSWLEC 117 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide (July 2015) Port Stephens Development Control Plan 2014 Port Stephens Council, Nelson Bay Town Centre and Foreshore Strategy, 2012 Port Stephens Council, Progressing the Nelson Bay Town Centre and Foreshore Strategy: A Revised Implementation and Delivery Program, September 2018 Category: Principal judgment Parties: Kinala Pty Limited ACN 608592258 (Applicant) Port Stephens Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) H Irish (Respondent)