WZ Capital Holdings Pty Ltd v Ku-ring-gai Council [2020] NSWLEC 1171

Land and Environment Court New South Wales

Medium Neutral Citation: WZ Capital Holdings Pty Ltd v Ku-ring-gai Council [2020] NSWLEC 1171 Hearing dates: 28, 29 February 2020 Date of orders: 18 June 2020 Decision date: 14 April 2020 Jurisdiction: Class 1 Before: Walsh C Decision: Directions at [94] Final Orders: see Addendum at [96] below Catchwords: DEVELOPMENT APPLICATION – multi dwelling housing – design quality – design evaluation – landscape character – streetscape – significant tree loss – building setback – building separation – privacy – private open space – site constraints – internal character – flexibility in the application of development control plan standards Legislation Cited: Environmental Planning and Assessment Act 1979 Ku-ring-gai Local Environmental Plan (Local Centres) 2012 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 Cases Cited: Nessdee Pty Limited v Orange City Council [2017] NSWLEC 158 Segal v Waverly Council (2005) 64 NSWLR 177; [2005] NSWCA 310 Totem Queens Park Pty Ltd v Waverley Council (2004) 140 LGERA 406; [2004] NSWLEC 712 Wenli Wang v North Sydney Council [2018] NSWLEC 122 Zammit v Inner West Council [2019] NSWLEC 1074 Texts Cited: Better Methods – Evaluating Good Design, Government Architect New South Wales (2018 – Draft for discussion) Better Placed, Government Architect New South Wales (2017) Ku-ring-gai Local Centres Development Control Plan 2016 Category: Principal judgment Parties: WZ Capital Holdings Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: S Nash appearing on 28 February 2020 and D Baird (Solicitor) appearing on 29 February 2020 (Applicant) C Rose (Solicitor) (Respondent)