Mackenzie Architects International Pty Ltd v Ku-ring-gai Council [2021] NSWLEC 1473

Mackenzie Architects International Pty Ltd v Ku-ring-gai Council [2021] NSWLEC 1473

The Court, following a conciliation agreement under s 34(3) of the LEC Act and being satisfied that statutory and planning requirements (including for variation to the height standard under cl 4.6) are met, upholds the appeal and grants consent to the development application as amended, subject to agreed conditions.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 August 2021
Procedural Posture
Appeal (class 1) / Conciliation Conference Agreement and Final Orders
Outcome
Appeal upheld; development application as amended approved subject to conditions.
Legal Topics
['development Application Appeal' 'development Consent' 'variation to Height Standard' 'shop Top Housing' 'conciliation Conference' 'court Approval of Party Agreement']
['planning and Environment Law'] ['development Application Appeal' 'development Consent' 'variation to Height Standard' 'shop Top Housing' 'conciliation Conference' 'court Approval of Party Agreement']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Appeal (class 1) / Conciliation Conference Agreement and Final Orders

Legal Issues

  1. 1 ['Whether the amended development application should be approved including variation of the height development standard under cl 4.6 of the Ku-ring-gai Local Environmental Plan 2015' 'Whether all statutory and planning preconditions for consent including environmental contamination, design quality, and infrastructure impacts are satisfied']

Ratio Decidendi

The Court, following a conciliation agreement under s 34(3) of the LEC Act and being satisfied that statutory and planning requirements (including for variation to the height standard under cl 4.6) are met, upholds the appeal and grants consent to the development application as amended, subject to agreed conditions.

Court Disposition

Appeal upheld; development application as amended approved subject to conditions.

Orders

  • ['The applicant is granted leave to amend the development application and rely on updated plans and supporting documents.' "The applicant is to pay the respondent's costs thrown away as a result of amending the application, as agreed or assessed." 'The request to vary the height standard under cl 4.6 is upheld.'...