CPDM Pty Ltd v Ku-ring-gai Council [2024] NSWLEC 1478

Land and Environment Court New South Wales

Medium Neutral Citation: CPDM Pty Ltd v Ku-ring-gai Council [2024] NSWLEC 1478 Hearing dates: Conciliation Conference 5 June, 4 July, 22 July 2024 Date of orders: 07 August 2024 Decision date: 07 August 2024 Jurisdiction: Class 1 Before: Targett C Decision: The Court orders that: (1) The applicant is to pay the respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $14,700 within 28 days. (2) The appeal is upheld. (3) Development Application No 0248/23, as amended, is determined by the grant of consent for the demolition of three existing dwellings and associated structures, construction of 13 multi-storey townhouses and related landscaping, driveway and common areas at 5-9 Nulla Nulla Street, Turramurra, legally known as Lots 2, 3 and 4 in Deposited Plan 17642, subject to the conditions contained at Annexure A. Catchwords: APPEAL – Development application – multi dwelling housing – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, Sch 1, ss 2.22, 4.15, 4.46, 8.7, 8.10, 8.11, 8.15 Land and Environment Court Act 1979, ss 17, 34 Water Management Act 2000 Environmental Planning and Assessment Regulation 2021, Div 4, Pt 4, ss 27, 38 Ku-ring-gai Local Environmental Plan 2015 ss 4.3, 4.4, 5.10, 6.1, 6.2, 6.3, 6.4, 6.5, 6.6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Ku-ring-gai Development Control Plan 2015 Category: Principal judgment Parties: CPDM Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: H Kahagalle (Solicitor) (Applicant) C Shaw (Solicitor) (Respondent)