Proxima Venturo Pty Ltd ATF Proxima Venturo Fund v Ku-ring-gai Council [2024] NSWLEC 1120

Land and Environment Court New South Wales

Medium Neutral Citation: Proxima Venturo Pty Ltd ATF Proxima Venturo Fund v Ku-ring-gai Council [2024] NSWLEC 1120 Hearing dates: Conciliation conference on 18 March 2024 Date of orders: 18 March 2024 Decision date: 18 March 2024 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (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 consent authority that are thrown away as a result of amending the development application, in the amount of $17,500 within 14 days from the date of these orders. (2) The applicant's written request pursuant to cl 4.6 of Ku-ring-gai Local Environmental Plan 2015 seeking a variation to the development standard for requirements for multi-dwelling housing and residential flat buildings set out in cl 6.6(2) of Ku-ring-gai Local Environmental Plan 2015 prepared by Weir Phillip Heritage and Planning dated 7 March 2024 is upheld. (3) The appeal is upheld. (4) Development application no. DA0437/22, as amended, for the demolition of existing structures and construction of a residential flat building with 6 units, basement parking, landscaping and associated works pursuant to State Environmental Planning Policy (Housing) 2021 for Lot 1 in Deposited Plan 945545, commonly known as 18 Culworth Avenue, Killara NSW 2071, is determined by the grant of development consent subject to the conditions in Annexure A. Catchwords: APPEAL – development application – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.15(3) Environmental Planning and Assessment Regulation 2021, ss 27, 38 Ku-ring-gai Local Environmental Plan 2015, cll 2.3, 2.7, 4.3, 4.4, 4.6, 5.10, 6.1, 6.2, 6.3, 6.4, 6.5, 6.6 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (BASIX Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 10 State Environmental Planning Policy (Housing) 2021, ss 16, 17, 18, 19, 20, 21, 22 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, ss 4.1, 4.2 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.99 State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development, cl 28 Texts Cited: Ku-ring-gai Development Control Plan Category: Principal judgment Parties: Proxima Venturo Pty Ltd ATF Proxima Venturo Fund (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) L Sims (Respondent)