K2 Five Dock Pty Ltd v City of Canada Bay Council [2024] NSWLEC 1088

Land and Environment Court New South Wales

Medium Neutral Citation: K2 Five Dock Pty Ltd v City of Canada Bay Council [2024] NSWLEC 1088 Hearing dates: Conciliation Conferences on 5 October, 6 and 20 November 2023 and 14 December 2023. Date of orders: 1 March 2024 Decision date: 01 March 2024 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders that: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the costs of the respondent that have been thrown away as a result of the amendment of the development application, in the amount of $12,500, such amount to be paid within 28 days of the date of this order. (2) The appeal is upheld. (3) The request pursuant to cl 4.6 of the Canada Bay Local Environmental Plan 2013 to vary the development standard for height contained within cl 4.3 thereof, as prepared by Plan Urban dated 8 November 2023, is upheld. (4) The request pursuant to cl 4.6 of the Canada Bay Local Environmental Plan 2013 to vary the development standard for mix of dwellings in mixed use development contained within cl 6.11 thereof, as prepared by Plan Urban dated 20 November 2023, is upheld. (5) Development consent is granted to development application No. DA2022/0316 as amended, for the demolition of existing structures and the construction of a new shop top housing development containing two basement levels, ground level commercial tenancies, four levels of residential apartments and related landscaping on land legally known as Lots A, B and C, DP 381858 at 52 – 56 Ramsay Road, Five Dock, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – cl 4.6 variations - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Canada Bay Local Environmental Plan 2013, cll 2.2, 2.3, 4.1, 4.3, 4.4, 4.6, 5.10, 5.21, 6.1, 6.2, and 6.11 Environmental Planning and Assessment Regulation 2021, ss 29 and 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.7, 6.8, 6.9 and 6.10 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Part 2.3, ss 2.118, 2.119, 2.120 and 2.122 State Environmental Planning Policy No. 65 (Design Quality of Residential Apartment Development), cl 30(2) Texts Cited: Canada Bay Community Participation Plan Canada Bay Local Housing Strategy 2019 City of Canada Bay Development Control Plan 2023 City of Canada Bay Local Strategic Planning Statement 2020 Category: Principal judgment Parties: K2 Five Dock Pty Ltd (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: A Whealy (Solicitor) (Applicant) S Puckeridge (Solicitor) (Respondent)