Turramurra Avenue Development Pty Ltd v Ku-ring-gai Council [2024] NSWLEC 1638

Land and Environment Court New South Wales

Medium Neutral Citation: Turramurra Avenue Development Pty Ltd v Ku-ring-gai Council [2024] NSWLEC 1638 Hearing dates: Conciliation conference on 1 July, 16 July, 5 August, 16 August and 26 August 2024 Date of orders: 11 October 2024 Decision date: 11 October 2024 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Modification Application MOD0060/23 and rely on the amended plans and documents listed at Condition 1 of Annexure A. (2) The appeal is upheld. (3) Development Consent DA0002/22 is modified subject to the conditions of consent set out at Annexure A. Development Consent DA0002/22 (as modified) is subject to the consolidated conditions of consent set out at Annexure B. Catchwords: MODIFICATION APPLICATION – residential apartment development – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.46, 4.55, 4.56, 8.9 Land and Environment Court Act 1979, s 34 Water Management Act 2000, ss 89, 90 and 91 Environmental Planning and Assessment Regulation 2021, ss 27, 102, 113 Ku-ring-gai Local Environmental Plan 2015, cll 4.1, 4.3, 4.4, 4.6, 5.10 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, Ch 4, s 147, Sch 9 Cases Cited: Turramurra Avenue Development Pty Ltd v Ku-Ring-Gai Council [2022] NSWLEC 1562 Texts Cited: NSW Department of Planning, Apartment Design Guide (2015) Category: Principal judgment Parties: Turramurra Avenue Development Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: N Whatmough (Solicitor) (Applicant) Ku-ring-gai Council (Respondent)