Staldone Corporation Pty Ltd v Ku-ring-gai Council [2012] NSWLEC 1055

Land and Environment Court New South Wales

Medium Neutral Citation: Staldone Corporation Pty Ltd v Ku-ring-gai Council [2012] NSWLEC 1055 Hearing dates: 27,28,31 October 2011, 1 November 2011, Directions for amendments to plans 11 January 2012, written submissions on amendments to plans 23 February 2012 Decision date: 13 March 2012 Jurisdiction: Class 1 Before: Brown ASC Decision: In Appeal No 10446 of 2011, the orders of the Court are: 1. The appeal is upheld. 2. DA 0986/08 for the consolidation of the five lots consisting of 6, 6A, 8, 10 and 10A Beaconsfield Parade and the resubdivision of the lots into 2 lots (Lots A and B) is approved subject to the conditions in Annexure A. 3. The exhibits are returned with the exception of exhibits 3 and A. In Appeal No 10444 of 2011, the orders of the Court are: 1. The appeal is upheld. 2. DA 0987/08 for the demolition of three existing dwelling houses and the construction of 2 x part 5/6 storey residential flat buildings containing 68 units on proposed Lot A in the consolidation and resubdivision of 6, 6A, 8, 10 and 10A Beaconsfield Parade, Lindfield is approved subject to the conditions in Annexure A. 3. The exhibits are returned with the exception of exhibits 3 and B. In Appeal No 10447 of 2011, the orders of the Court are: 1. The appeal is upheld. 2. DA 0988/08 for the demolition of an existing attached dual occupancy and single dwelling and the construction of a part 5/6 storey residential flat buildings on proposed Lot B in the consolidation and resubdivision of 6, 6A, 8, 10 and 10A Beaconsfield Parade, Lindfield is approved subject to the conditions in Annexure A. 3. The exhibits are returned with the exception of exhibits 3 and C. Catchwords: DEVELOPMENT APPLICATION; subdivision and construction of three residential flat buildings - whether subdivision boundary appropriate - whether subdivision sterilises or lessens the development potential of neighbouring properties - breach of the height/storey development standard and the whether objection under SEPP 1 is well founded - whether building design acceptable - whether excessive car parking provided - location of manageable housing - overlooking/loss of privacy impacts on adjoining properties Legislation Cited: draft Ku-ring-gai Local Environmental Plan (Town Centres) 2006 draft Ku-ring-gai Local Environmental Plan (Town Centres) 2008 Environmental Planning and Assessment Act 1979 Ku-ring-gai Planning Scheme Ordinance Ku-ring-gai Town Centres Local Environmental Plan Ku-ring-gai Multi-Unit Housing Development Control Land No. 55 State Environmental Planning Policy No. 1 State Environmental Planning Policy No. 65 Category: Principal judgment Parties: Staldone Corporation Pty Ltd (Applicant)