K2 Five Dock Pty Ltd v City of Canada Bay Council [2024] NSWLEC 1088

K2 Five Dock Pty Ltd v City of Canada Bay Council [2024] NSWLEC 1088

Development consent is granted to the amended application with variations to height and dwelling mix standards, as the jurisdictional prerequisites are satisfied, the proposed development is in the public interest, and the parties' agreement is a decision the Court could properly make.

Jurisdiction
Australia
Judgment Date
01 March 2024
Procedural Posture
Development Appeal / Final Orders Following S 34 Conciliation Conference
Outcome
Appeal upheld; development consent granted; variations to height and mix of dwelling sizes standards allowed; applicant to pay respondent's thrown away costs.
Legal Topics
['development Consent' 'variation to Development Standards' 'conciliation Conference' 'development Appeal' 'shop Top Housing' 'canada Bay Local Environmental Plan 2013' 'basix' 'environmental Site Assessment' 'design Quality']
['planning and Environment Law'] ['development Consent' 'variation to Development Standards' 'conciliation Conference' 'development Appeal' 'shop Top Housing' 'canada Bay Local Environmental Plan 2013' 'basix' 'environmental Site Assessment' 'design Quality']

Case Brief

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Procedural Posture

Development Appeal / Final Orders Following S 34 Conciliation Conference

Legal Issues

  1. 1 ['Whether development consent should be granted for amended shop top housing development' 'Whether variations to height (cl 4.3) and dwelling mix (cl 6.11) standards should be allowed under cl 4.6 of Canada Bay Local Environmental Plan 2013' 'Whether jurisdictional prerequisites for approval are satisfied' 'Compliance with relevant planning instruments and policies']

Ratio Decidendi

Development consent is granted to the amended application with variations to height and dwelling mix standards, as the jurisdictional prerequisites are satisfied, the proposed development is in the public interest, and the parties' agreement is a decision the Court could properly make.

Court Disposition

Appeal upheld; development consent granted; variations to height and mix of dwelling sizes standards allowed; applicant to pay respondent's thrown away costs.

Orders

  • ["Pursuant to s 8.15(3) Environmental Planning and Assessment Act 1979, applicant to pay respondent's costs thrown away due to amendment of development application, in the amount of $12,500, within 28 days." 'The appeal is upheld.' 'The request to vary the development standard for height pursuant to cl 4.6 of Canada...