Cowan Estate Pty Ltd v Ku-ring-gai Council [2023] NSWLEC 1703

Land and Environment Court New South Wales

Medium Neutral Citation: Cowan Estate Pty Ltd v Ku-ring-gai Council [2023] NSWLEC 1703 Hearing dates: Conciliation conference held 3 and 23 October 2023, and 6 November 2023. Date of orders: 23 November 2023 Decision date: 23 November 2023 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA0060/23 and rely upon the amended plans and documents referred to in Condition 1 at Annexure A. (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of amending the Development Application in the agreed amount of $20,000 within 14 days of the date of these orders. (3) The Applicant's written request, pursuant to cl 4.6 of the Ku-ring-gai Local Environmental Plan 2015 (KLEP), seeking to vary the development standard for minimum lot area and dimensions as set out at cl 6.6(2) of the KLEP, is upheld (4) The appeal is upheld. (5) Consent is granted to Development Application DA0060/23 (as amended) for demolition of existing structures and construction of multi dwelling housing including five dwellings, basement parking, landscaping and associated works at 62 Cowan Road, St Ives, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – multi dwelling housing development – cl 4.6 written request – minimum lot area and dimensions – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, s 34 Ku-ring-gai Local Environmental Plan 2015, cll 2.3, 2.7, 4.6, 5.10, 6.1, 6.2, 6.3, 6.4, 6.5, 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 (Biodiversity and Conservation) 2021, chs 2, 6, ss 6.6,6.7,6.8,.6.9, 6.10 Texts Cited: Department of Planning and Environment, Planning Circular PS 18-003 February 2018 Category: Principal judgment Parties: Cowan Estate Pty Limited (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) K Gerathy (Solicitor) (Respondent)