Bridgewell and SLD Developments Pty Ltd v Ku-ring-gai Council [2022] NSWLEC 1229

Bridgewell and SLD Developments Pty Ltd v Ku-ring-gai Council [2022] NSWLEC 1229

The Court upheld the appeal and granted consent to the amended development application because all required statutory and planning instrument prerequisites were satisfied, variations to floor space ratio and lot depth standards were adequately justified under cl 4.6, amenity and environmental issues addressed, and the agreement between parties was appropriate for disposition under s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: Bridgewell and SLD Developments Pty Ltd; Respondent: Ku-ring-gai Council
Jurisdiction
Australia
Judgment Date
03 May 2022
Procedural Posture
Class 1 Appeal (development Application) / Final Orders Following Conciliation Conference and Agreement Between Parties
Outcome
Appeal upheld. Development consent granted to amended application, subject to conditions and payment of costs.
Legal Topics
Development Application, Residential Apartment Building, Clause 4.6 Variation, Floor Space Ratio, Site Depth, Local Environmental Plan, Environmental Planning Instruments, Costs
Planning and Environment Law Development Application Residential Apartment Building Clause 4.6 Variation Floor Space Ratio Site Depth Local Environmental Plan Environmental Planning Instruments +1 more

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Parties

Bridgewell and SLD Developments Pty Ltd

Applicant

Ku-ring-gai Council

Respondent

Procedural Posture

Class 1 Appeal (development Application) / Final Orders Following Conciliation Conference and Agreement Between Parties

Legal Issues

  1. 1 Whether leave should be granted to amend the development application
  2. 2 Whether the application satisfies statutory requirements for approval
  3. 3 Whether the variations to development standards (floor space ratio and site depth) are justified under cl 4.6 of the Ku-ring-gai Local Environmental Plan 2015

Ratio Decidendi

The Court upheld the appeal and granted consent to the amended development application because all required statutory and planning instrument prerequisites were satisfied, variations to floor space ratio and lot depth standards were adequately justified under cl 4.6, amenity and environmental issues addressed, and the agreement between parties was appropriate for disposition under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld. Development consent granted to amended application, subject to conditions and payment of costs.

Orders

  • Leave granted to amend Development Application DA0382/21 and rely on amended plans and documents.
  • Applicant to pay Respondent's costs thrown away as a result of amending the Development Application in the agreed sum of $10,000 within 28 days.