Lindvest DM Pty Ltd v Ku-ring-gai Council [2020] NSWLEC 1218

Land and Environment Court New South Wales

Medium Neutral Citation: Lindvest DM Pty Ltd v Ku-ring-gai Council [2020] NSWLEC 1218 Hearing dates: 11 May 2020 Date of orders: 19 May 2020 Decision date: 19 May 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Courts orders that: (1) Leave is granted to the Applicant to rely upon the amended plans and documents referred to in Condition 1 of the Respondent's Conditions of Consent at Annexure 'A'. (2) The Applicant is to pay the Respondent's reasonable costs thrown away in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (3) The appeal is upheld. (4) Development consent is granted to the Development Application No DA0163/18 for the demolition of all existing structures and the construction of a five-storey residential flat building containing 43 units over two levels of basement at 7,9 and 11 Havilah Road, Lindfield, subject to the conditions at Annexure 'A'. (5) All Exhibits are returned, except for Exhibits A, B, D and E. Catchwords: DEVELOPMENT APPLICATION – residential apartment development – residential flat building in R4 High Density Residential zone – riparian zone – biodiversity protection – apartment design guide Legislation Cited: Architects Act 2003 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 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Texts Cited: Apartment Design Guide Ku-ring-gai Development Control Plan 2018 Land and Environment Court of New South Wales, Covid-19 Pandemic Arrangements Policy (March, 2020) Category: Principal judgment Parties: Lindvest DM Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: M Parrino (Solicitor) (Applicant) A Hudson (Solicitor) (Respondent)