D&A Milray Pty Ltd v Ku-ring-gai Council [2017] NSWLEC 1612

D&A Milray Pty Ltd v Ku-ring-gai Council [2017] NSWLEC 1612

The appeal is disposed of in accordance with the agreement reached under s 34(3) of the Land and Environment Court Act 1979, granting development approval, upholding objections to height and floor space ratio controls, and awarding costs in respect of amended plans.

Parties
Applicant: D&A Milray Pty Ltd; Respondent: Ku-ring-gai Council
Jurisdiction
Australia
Judgment Date
31 October 2017
Procedural Posture
Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development application approved; objections upheld; costs awarded.
Legal Topics
Development Application, Conciliation Conference, Local Environmental Plan, Height Control, Floor Space Ratio Control, Costs
Planning and Environment Development Application Conciliation Conference Local Environmental Plan Height Control Floor Space Ratio Control Costs

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Parties

D&A Milray Pty Ltd

Applicant

Ku-ring-gai Council

Respondent

Procedural Posture

Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether orders should be made to give effect to agreement reached under s 34(3) of the Land and Environment Court Act 1979
  2. 2 Whether development application should be approved
  3. 3 Whether objections to height and floor space ratio controls should be upheld

Ratio Decidendi

The appeal is disposed of in accordance with the agreement reached under s 34(3) of the Land and Environment Court Act 1979, granting development approval, upholding objections to height and floor space ratio controls, and awarding costs in respect of amended plans.

Court Disposition

Appeal upheld; development application approved; objections upheld; costs awarded.

Orders

  • The appeal is upheld.
  • Applicant granted leave to rely on the listed amended plans prepared by PBD Architects and Site Image Landscape Architects.