Woodside Lindfield Pty Ltd v Ku-ring-gai Council [2023] NSWLEC 1510

Land and Environment Court New South Wales

Medium Neutral Citation: Woodside Lindfield Pty Ltd v Ku-ring-gai Council [2023] NSWLEC 1510 Hearing dates: Conciliation conference on 31 August 2023 Date of orders: 08 September 2023 Decision date: 08 September 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to amend the development application to rely on: (a) Architectural plans Revision D dated 16 August 2023, with the exception of Architectural plans DA01.02, DA02.04, DA02.08 DA03.02, DA03.05 DA03.01 and DA08.02 Revision E dated 30 August 2023; (b) Stormwater section prepared by Kozarovski & Partners dated 31 August 2023; (c) Revised Clause 4.6 submission (height) dated 30 August 2023 prepared by Ingham Planning; (d) Design Verification Statement Revised final 22 Aug 2023 1-3 Woodside Avenue - SEPP 65 & Apartment Design Guide Assessment- Issue C 22 August 2023; (e) Access Report 23 August 2023 for revised plans 23095 - 1-3 Woodside Ave Lindfield - R1.3; (f) Letter from Megan Geddes of Zenith Landscaping dated 31 August 2023; (g) Updated BASIX Certificate dated 25 August 2023. (2) The request pursuant to clause 4.6 of the Ku-Ring-Gai Local Environment Plan 2015 to vary the development standard for height of buildings contained in Revised Clause 4.6 submission (height) dated 30 August 2023 prepared by Ingham Planning is upheld. (3) The appeal is upheld. (4) Development Application DA0013/22 for demolition of the existing structures and construction of a residential flat building comprising 13 units with basement parking, landscaping and associated works at No 1 - 3 Woodside Avenue, Lindfield is determined by the grant of consent, subject to the conditions contained in the annexure marked A. Catchwords: DEVELOPMENT APPLICATION – residential apartment development in R4 High Density Residential zone – flood planning – conciliation conference – agreement between parties – orders Legislation Cited: Architects Act 2003 Conveyancing Act 1919, s 88B Environmental Planning and Assessment Act 1979, ss 1.3, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cll 3, 50, 55 Ku-ring-gai Local Environmental Plan 2015, cll 4.3, 4.4, 4.6, 5.10, 5.21, 6.1, 6.2, 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 (Housing) 2021, ss 16, 17, 18, 19, 20, 21 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 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide, July 2015 Category: Principal judgment Parties: Woodside Lindfield Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: J Farrell (Applicant) C Rose (Solicitor)(Respondent)