Ascot Project Management Pty Ltd v Ku-ring-gai Council [2017] NSWLEC 1491

Land and Environment Court New South Wales

Medium Neutral Citation: Ascot Project Management Pty Ltd v Ku-ring-gai Council [2017] NSWLEC 1491 Hearing dates: 5 September 2017 Date of orders: 06 September 2017 Decision date: 06 September 2017 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No. 0504/16 for seven townhouses over basement parking at 6, 6A and 8 Maclaurin Parade, Roseville is approved, subject to the conditions of consent at Annexure A. 3. The exhibits, other than exhibit A, are returned. Catchwords: DEVELOPMENT APPLICATION: orders by consent; townhouse development; exceedance of the floor space ratio development standard; whether reasonable offers have been made to the owners of adjoining isolated sites. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Karavellas v Sutherland Shire Council [2004] NSWLEC 251 Category: Principal judgment Parties: Ascot Project Management Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: Mr N. Eastman barrister (Applicant) Ms C. Morton solicitor (Respondent)

Solicitors: Mills Oakley Lawyers (Applicant) Sparke Helmore Lawyers (Respondent) File Number(s): 2017/16134

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 97(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. 0504/16 for the demolition of existing structures and construction of seven townhouses over basement parking and landscaping (the proposal) at 6, 6A and 8 Maclaurin Parade, Roseville (the site) by Ku-ring-gai Council (the Council). 2. The appeal was subject to mandatory conciliation on 11 May 2017, in accordance with the provisions of s 34 of the Land and Environment Court Act 1979 (LEC Act). As agreement was not reached, the conciliation conference was terminated on 22 May 2017, pursuant to s 34(4) of the LEC Act. 3. Leave was granted by the Court on 21 July 2017 for the applicant to rely on an amended proposal, which included the deletion of one townhouse, and leave was granted by the Court on 4 September 2017 for the applicant to rely on a further amended proposal (exhibit A). On the basis of the amendments made to the original proposal, the parties agreed to apply for final orders by consent.