Gelder Architects v Ku-ring-gai Council [2020] NSWLEC 1308

Gelder Architects v Ku-ring-gai Council [2020] NSWLEC 1308

As the parties’ agreement satisfies the legal requirements and is one the Court could make in proper exercise of its functions, the appeal is upheld and consent granted to the amended development application, with conditions in Annexure A.

Jurisdiction
Australia
Judgment Date
17 July 2020
Procedural Posture
Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application / Final Orders Following Conciliation Conference and Agreement Under S 34(3) Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions; leave granted for amendment; applicant ordered to pay respondent’s costs thrown away
Legal Topics
['development Application' 'seniors Housing Development' 'conciliation Conference' 'costs' 'heritage Conservation Area' 'urban Design Guidelines' 'consent Authority Powers']
['planning and Environment'] ['development Application' 'seniors Housing Development' 'conciliation Conference' 'costs' 'heritage Conservation Area' 'urban Design Guidelines' 'consent Authority Powers']

Case Brief

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Procedural Posture

Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application / Final Orders Following Conciliation Conference and Agreement Under S 34(3) Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether amended development application for refurbishment of three existing dwellings and construction of eight additional seniors housing apartments should be approved' 'Whether statutory and local planning requirements are satisfied, including contamination, heritage, BASIX, zoning, site analysis, and seniors housing standards']

Ratio Decidendi

As the parties’ agreement satisfies the legal requirements and is one the Court could make in proper exercise of its functions, the appeal is upheld and consent granted to the amended development application, with conditions in Annexure A.

Court Disposition

Appeal upheld; development application approved subject to conditions; leave granted for amendment; applicant ordered to pay respondent’s costs thrown away

Orders

  • ['The Applicant is granted leave to amend the development application to rely upon the plans and documents referred to in Condition 3 of Annexure A to this agreement.' 'The Applicant is to pay the respondents costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW),...