Coles Group Property Developments Ltd v Ku-ring-gai Council [2019] NSWLEC 1400

Land and Environment Court New South Wales

Medium Neutral Citation: Coles Group Property Developments Ltd v Ku-ring-gai Council [2019] NSWLEC 1400 Hearing dates: Conciliation conference on 22 May 2019 Date of orders: 29 August 2019 Decision date: 29 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 KLEP 2012 dated February 2019 has been considered and I have formed the necessary opinion of satisfaction under clause 4.6(4) of KLEP 2012. Consequently, the Applicant's written request is well founded and is upheld. (4) The appeal in respect of the property known as 376-390 Pacific Highway, 1 Balfour Street and Balfour Lane, Lindfield, is upheld. (5) Development Application DA0197/18 for lot consolidation, demolition of the existing supermarket, partial demolition of heritage item, relocation of Balfour Lane and construction of a 6 storey mixed use building comprising shop top housing including 70 apartments, supermarket, liquor store, coffee shop, offices (first floor of heritage item), car parking and associated works at 376-390 Pacific Highway, 1 Balfour Street and Balfour Lane, 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 (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Category: Principal judgment Parties: Coles Group Property Developments Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: N Brunton (Solicitor) (Applicant) J Ede (Solicitor) (Respondent)