Barua Coonanbarra Pty Ltd v Ku-ring-gai Council [2019] NSWLEC 1581

Land and Environment Court New South Wales

Medium Neutral Citation: Barua Coonanbarra Pty Ltd v Ku-ring-gai Council [2019] NSWLEC 1581 Hearing dates: Conciliation conference on 18 November 2019 Date of orders: 28 November 2019 Decision date: 28 November 2019 Jurisdiction: Class 1 Before: Smithson C Decision: The Court orders that: (1) The applicant is granted leave to rely upon the amended plans and documentation referred to in condition 1 of the conditions at Annexure "A". (2) The applicant is to pay the respondent's costs thrown away as a result of the amendments pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (3) The clause 4.6 requests in relation to the height of buildings and floor space ratio development standards pursuant to clause 4.3 and 4.4 respectively of Ku-ring-gai Local Environmental Plan 2015 are well founded and upheld. (4) The appeal is upheld. (5) Development application DA0336/18 for demolition of existing structures and construction of a residential flat building comprising 10 units and basement carpark at 12 Coonanbarra Road, Wahroonga is approved subject to the conditions at Annexure "A". Catchwords: DEVELOPMENT APPLICATION – residential flat building – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Ku-ring-gai Local Environmental Plan 2015 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 Texts Cited: Apartment Design Guide Ku-ring-gai Development Control Plan 2016 Category: Principal judgment Parties: Barua Coonanbarra Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: C McEwen SC (Applicant) J Reid (Respondent)