Haven Place Pty Ltd v Ku-ring-gai Council [2024] NSWLEC 1764

Haven Place Pty Ltd v Ku-ring-gai Council [2024] NSWLEC 1764

The Court was satisfied that the applicant's written requests pursuant to cl 4.6 of the KLEP adequately justified variations to the building height and floor space ratio development standards, that all jurisdictional requirements were met, and consent should be granted to the amended DA subject to conditions.

Parties
Applicant: Haven Place Pty Ltd ATF Haven Place Unit Trust; Respondent: Ku-ring-gai Council
Jurisdiction
Australia
Judgment Date
28 November 2024
Procedural Posture
Class 1 Appeal / Final Orders After Contested Conciliation; Judgment
Outcome
Appeal upheld; consent granted
Legal Topics
Development Application, Variation of Development Standards, Residential Apartment Building, Ku Ring Gai Local Environmental Plan 2015, Height of Buildings, Floor Space Ratio, Appeal Process, Public Submissions
Planning Law Environmental Law Local Government Law Development Application Variation of Development Standards Residential Apartment Building Ku Ring Gai Local Environmental Plan 2015 Height of Buildings +3 more

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Parties

Haven Place Pty Ltd ATF Haven Place Unit Trust

Applicant

Ku-ring-gai Council

Respondent

Procedural Posture

Class 1 Appeal / Final Orders After Contested Conciliation; Judgment

Legal Issues

  1. 1 Whether leave should be granted to amend Development Application DA0195/23
  2. 2 Whether the written requests to vary development standards for building height (cl 4.3) and floor space ratio (cl 4.4) under cl 4.6 of the KLEP should be upheld
  3. 3 Whether consent should be granted to the amended development application for a five-storey residential apartment building at 6-8 Newhaven Place, St Ives

Ratio Decidendi

The Court was satisfied that the applicant's written requests pursuant to cl 4.6 of the KLEP adequately justified variations to the building height and floor space ratio development standards, that all jurisdictional requirements were met, and consent should be granted to the amended DA subject to conditions.

Court Disposition

Appeal upheld; consent granted

Orders

  • Leave granted to amend DA0195/23 and rely on updated plans and documents per Condition 1 at Annexure A.
  • Applicant’s cl 4.6 written request to vary building height (cl 4.3, KLEP) is upheld.