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

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

The Court upheld the appeal and granted development consent, being satisfied that the written request pursuant to clause 4.6 justified contravention of the height standard under clause 4.3 of the KLEP; that the consent would serve the objectives of the development standard and zone; and that the parties' agreement was a decision the Court could properly have made.

Parties
Applicant: Coles Group Property Developments Ltd; Respondent: Ku-ring-gai Council
Jurisdiction
Australia
Judgment Date
29 August 2019
Procedural Posture
Development Application Appeal / Post Conciliation Conference, Orders After Agreement
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
Development Application, Height of Buildings, Clause 4.6 Variation, Breach of Planning Standard, Consent Orders, Ku Ring Gai Local Environmental Plan
Planning and Environment Development Application Height of Buildings Clause 4.6 Variation Breach of Planning Standard Consent Orders Ku Ring Gai Local Environmental Plan

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Parties

Coles Group Property Developments Ltd

Applicant

Ku-ring-gai Council

Respondent

Procedural Posture

Development Application Appeal / Post Conciliation Conference, Orders After Agreement

Legal Issues

  1. 1 Whether leave should be granted to rely upon amended plans
  2. 2 Whether breach of height standard should be permitted via cl 4.6 variation
  3. 3 Whether development application should be approved

Ratio Decidendi

The Court upheld the appeal and granted development consent, being satisfied that the written request pursuant to clause 4.6 justified contravention of the height standard under clause 4.3 of the KLEP; that the consent would serve the objectives of the development standard and zone; and that the parties' agreement was a decision the Court could properly have made.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • Leave granted to rely upon amended plans listed in Condition 1 at Annexure 'A'.
  • Applicant to pay, as agreed or assessed, costs of Respondent thrown away due to amending the development application.