Salerno v Ku-ring-gai Council [2019] NSWLEC 1207

Land and Environment Court New South Wales

Medium Neutral Citation: Salerno v Ku-ring-gai Council [2019] NSWLEC 1207 Hearing dates: Conciliation Conference on 2 May 2019 Date of orders: 14 May 2019 Decision date: 14 May 2019 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders: (1) Leave is granted to the applicant to rely upon the amended plans as set out in condition No. 1 of Annexure "A". (2) Pursuant to Section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay those costs of the Respondent that were thrown away as a result of amending the development application in a sum as agreed or assessed. (3) The Appeal is upheld. (4) Development Application 2018/0286 for alterations and additions to an approved but not yet constructed residential flat building at 1 Russell Avenue, Lindfield is approved subject to the conditions in Annexure "A". Catchwords: DEVELOPMENT APPEAL against deemed refusal – conciliation conference – residential apartment development – affordable rental housing – agreement between the parties – orders Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Ku-ring-gai Local Environment Plan (Local Centres) 2012 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Texts Cited: Apartment Design Guide Development near Rail Corridors and Busy Roads – Interim Guideline Category: Principal judgment Parties: Antonio Salerno (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: M Staunton (Applicant)