Lumex Property Group Pty Ltd v Ku-ring-gai Council [2019] NSWLEC 1385

Lumex Property Group Pty Ltd v Ku-ring-gai Council [2019] NSWLEC 1385

The court upheld the appeal and granted development consent as the written request under clause 4.6 of KLEP 2012 adequately justified the minor breach of building height standard; compliance with standard objectives was achieved, proposals met relevant policy and environmental requirements, and the decision reflected parties' agreement under s 34 of the LEC Act.

Parties
Applicant: Lumex Property Group Pty Ltd; Respondent: Ku-ring-gai Council
Jurisdiction
Australia
Judgment Date
21 August 2019
Procedural Posture
Appeal / Conciliation Conference Decision
Outcome
Appeal upheld; development consent granted.
Legal Topics
Development Applications, Height of Buildings Standard, Local Environmental Plans, State Environmental Planning Policies, Mixed Use Development
Planning and Environment Law Development Applications Height of Buildings Standard Local Environmental Plans State Environmental Planning Policies Mixed Use Development

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Parties

Lumex Property Group Pty Ltd

Applicant

Ku-ring-gai Council

Respondent

Procedural Posture

Appeal / Conciliation Conference Decision

Legal Issues

  1. 1 Whether development consent should be granted for demolition and construction of a mixed use development at the specified site
  2. 2 Whether breach of the height of buildings standard under clause 4.3 of KLEP 2012 is justified by a written request under clause 4.6

Ratio Decidendi

The court upheld the appeal and granted development consent as the written request under clause 4.6 of KLEP 2012 adequately justified the minor breach of building height standard; compliance with standard objectives was achieved, proposals met relevant policy and environmental requirements, and the decision reflected parties' agreement under s 34 of the LEC Act.

Court Disposition

Appeal upheld; development consent granted.

Orders

  • Leave is granted to rely on amended plans as per Condition 1 at Annexure 'A'.
  • Applicant to pay respondent's costs thrown away as a result of amending the development application, as agreed or assessed, under s 8.15(3) EP&A Act.