Lumex Property Group Pty Ltd v Ku-ring-gai Council [2019] NSWLEC 1385

Land and Environment Court New South Wales

Medium Neutral Citation: Lumex Property Group Pty Ltd v Ku-ring-gai Council [2019] NSWLEC 1385 Hearing dates: Conciliation conference on 13 August 2019 Date of orders: 21 August 2019 Decision date: 21 August 2019 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) Leave is granted to the Applicant to rely upon the amended plans listed in Condition 1 at Annexure 'A' (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 ("EP&A Act"), 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 Applicant's written request pursuant to clause 4.6 of the Ku-ring-gai Local Environmental Plan (Local Centres) 2012 ("KLEP 2012") seeking to justify the breach of the height of buildings development standard pursuant to clause 4.3 of the KLEP 2012 dated August 2019 has been considered and I have formed the necessary opinion of satisfaction under clause 4.6(4) of KLEP 2012. Consequently, the Applicants written request is well founded and is upheld. (4) The appeal in respect of the property known as 305, 307 and 309-311 Pacific Highway, Lindfield, is upheld. (5) Development Application DA 0443/17 for demolition of existing structures and construction of a mixed use development with retail premises, shop top housing and basement parking at 305, 307 and 309-311 Pacific Highway, Lindfield, is approved subject to the conditions at Annexure "A". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders ­ Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Ku-ring-gai Local Environmental Plan (Local Centres) 2012 Land and Environment Court Act 1979 State Environmental Planning Policy No 65 - Design Quality of Residential Apartment Development State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 55 - Remediation of Land Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Category: Principal judgment Parties: Lumex Property Group Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: A Galasso SC (Applicant)