Haven Place Pty Ltd v Ku-ring-gai Council [2024] NSWLEC 1764

Land and Environment Court New South Wales

Medium Neutral Citation: Haven Place Pty Ltd v Ku-ring-gai Council [2024] NSWLEC 1764 Hearing dates: Conciliation conference held 23 September, 14 October, 8 and 15 November 2024 Date of orders: 28 November 2024 Decision date: 28 November 2024 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA0195/23 and rely upon the amended plans and documents referred to in Condition 1 at Annexure A. (2) The Applicant's written request, pursuant to cl 4.6 of the Ku-ring-gai Local Environmental Plan 2015 (KLEP), seeking to vary the development standard for height of buildings as set out at cl 4.3 of the KLEP, is upheld. (3) The Applicant's written request, pursuant to cl 4.6 of the KLEP, seeking to vary the development standard for floor space ratio (FSR) as set out at cl 4.4 of the KLEP, is upheld. (4) The appeal is upheld. (5) Consent is granted to Development Application DA0195/23 (as amended) for the demolition of the existing structures and construction of a residential apartment building comprising five storeys and eighteen units over three basement levels, providing for a total of 41 car parking spaces, at 6-8 Newhaven Place, St Ives, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – residential apartment building – cl 4.6 written request – height of buildings – floor space ratio – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, Pt 7, ss 7.2, 7.4, 7.7 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 27, 29, 37, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 3, 4, 6, s 4.9 State Environmental Planning Policy (Housing) 2021 Ch 4, Sch 9, s 147 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.120, 2.122 Ku-ring-gai Local Environmental Plan 2015, cll 2.3, 2.7, 4.3, 4.4, 4.6, 6.1, 6.2, 6.3, 6.5, 6.6 Texts Cited: NSW Department of Planning, Apartment Design Guide, July 2015 NSW Department of Planning and Environment, Planning Circular PS 20-002, May 2020 Category: Principal judgment Parties: Haven Place Pty Ltd ATF Haven Place Unit Trust (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) N Ferguson (Solicitor) (Respondent)