Lexington 88 v Ku-ring-gai Council [2005] NSWLEC 635

Lexington 88 v Ku-ring-gai Council [2005] NSWLEC 635

The proposed development is permissible and meets planning controls and acceptable standards for streetscape, landscaping, character, traffic, and drainage. The reduction in built-upon area should be used to increase setbacks from boundaries. With agreement on amended plans and conditions, development consent is granted.

Parties
Applicant: Lexington 88 Pty Ltd; Respondent: Ku-ring-gai Council
Jurisdiction
Australia
Judgment Date
18 November 2005
Procedural Posture
Appeal Against Deemed Refusal of Development Application / Judgment
Outcome
Appeal upheld; Development Application approved subject to conditions
Legal Topics
Development Application, Residential Flat Building, Streetscape, Landscaped Area
Planning and Environment Development Application Residential Flat Building Streetscape Landscaped Area

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Parties

Lexington 88 Pty Ltd

Applicant

Ku-ring-gai Council

Respondent

Procedural Posture

Appeal Against Deemed Refusal of Development Application / Judgment

Legal Issues

  1. 1 Streetscape and visual impact
  2. 2 Landscape area including deep soil zone and tree retention
  3. 3 Impact on character of area

Ratio Decidendi

The proposed development is permissible and meets planning controls and acceptable standards for streetscape, landscaping, character, traffic, and drainage. The reduction in built-upon area should be used to increase setbacks from boundaries. With agreement on amended plans and conditions, development consent is granted.

Court Disposition

Appeal upheld; Development Application approved subject to conditions

Orders

  • The appeal is upheld.
  • Development Application 1270/04 to demolish all existing structures and construct a residential flat building containing 51 dwellings is approved subject to Annexure A conditions.