PJM Pty Ltd v Ku-ring-gai Council [2024] NSWLEC 1015

Land and Environment Court New South Wales

Medium Neutral Citation: PJM Pty Ltd v Ku-ring-gai Council [2024] NSWLEC 1015 Hearing dates: Conciliation conference on 12 January 2024 Date of orders: 23 January 2024 Decision date: 23 January 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Consent No. DA 0337/17, granted by the Land and Environment Court on 29 June 2020, is modified as set out in Annexure A. (3) Development Consent No. DA 0337/17, as modified, is contained in Annexure B. Catchwords: MODIFICATION APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016 Environmental Planning and Assessment Act 1979, ss 4.15, 4.55 Environmental Planning and Assessment Regulation 2021, s 38 Ku-ring-gai Local Environmental Plan 2015 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy (Transport and Infrastructure) 2021 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Cases Cited: Mackenzie Architects International Pty Ltd v Ku-ring-gai Council [2020] NSWLEC 1276 North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 43 NSWLR 468; [1998] NSWSC 163 Category: Principal judgment Parties: PJM Group Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: M Parrino (Solicitor) (Applicant) C Morton (Solicitor) (Respondent)