PSEC Project Services Pty Ltd v Kiama Municipal Council [2018] NSWLEC 1501

Land and Environment Court New South Wales

Medium Neutral Citation: PSEC Project Services Pty Ltd v Kiama Municipal Council [2018] NSWLEC 1501 Hearing dates: 17 September 2018 Date of orders: 27 September 2018 Decision date: 27 September 2018 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The Applicant is granted leave to amend Development Application No. 10.2016.231.1 and rely upon the amended plans in the table at [99(1)]. (2) The Appeal is upheld. (3) Development Application No. 10.2016.231.1 for the demolition of existing structures, tree removal and the construction of a 4 storey residential flat building containing 16 x 3 bedroom units over one and a half levels of basement car parking, with a total of 40 car parking spaces (8 visitor and 32 residential, 4 of which are accessible), on the land legally described as Lot 1 DP 309656, Lot 1 DP 176929, Lot 2 DP 774101 and Lot 3 DP 774101 with a street address of 15-17 Bourrool Lane, Kiama, is approved subject to the conditions in Annexure A. (4) No orders as to costs. (5) Exhibits 1, 3, 6, 7 and 8 are returned. Catchwords: APPEAL – development application – residential flat building – consent orders – objections raised by residents – height, bulk and scale – streetscape – amenity and safety – overshadowing – view loss – car parking – capacity of laneway Legislation Cited: Environmental Planning and Assessment Act 1979 Kiama Local Environmental Plan 2011 Land and Environment Court Act 1979 Practice Note - Class 1 Development Appeals State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development State Environmental Planning Policy No 71—Coastal Protection State Environmental Planning Policy No 55—Remediation of Land Cases Cited: Tenacity Consulting v Waringah [2004] NSWLEC 140 Texts Cited: Kiama Development Control Plan 2012 Category: Principal judgment Parties: PSEC Project Services Pty Ltd (Applicant) Kiama Municipal Council (Respondent) Representation: Counsel: J Wauchope, Solicitor (Applicant) A Seton, Solicitor (Respondent)