Project Venture Development No 11 Pty Limited v Ku-ring-gai Council [2005] NSWLEC 624

Project Venture Development No 11 Pty Limited v Ku-ring-gai Council [2005] NSWLEC 624

The development complies with the maximum number of storeys and perimeter ceiling height controls because the proper calculation of ground level results in no breach, and minor numerical exceedances are not visually significant. Objectives of planning instruments are satisfied, and with amended plans addressing car parking, there are no substantive reasons for refusal.

Parties
Applicant: Project Venture Development No 11 Pty Limited; Respondent: Ku-ring-gai Council
Jurisdiction
Australia
Judgment Date
03 November 2005
Procedural Posture
Appeal / Final Judgment
Outcome
appeal upheld; development application approved with conditions
Legal Topics
Development Applications, Building Height Controls, Planning Instruments, Car Parking Requirements, Setbacks, Residential Amenity
Planning Law Environmental Law Local Government Law Development Applications Building Height Controls Planning Instruments Car Parking Requirements Setbacks +1 more

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Parties

Project Venture Development No 11 Pty Limited

Applicant

Ku-ring-gai Council

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the proposed development exceeds the maximum number of storeys permitted under the Ku-ring-gai Planning Scheme Ordinance as amended by LEP194
  2. 2 Whether the perimeter ceiling height exceeds the permitted maximum
  3. 3 Whether basement car park projections constitute an additional storey under the planning controls

Ratio Decidendi

The development complies with the maximum number of storeys and perimeter ceiling height controls because the proper calculation of ground level results in no breach, and minor numerical exceedances are not visually significant. Objectives of planning instruments are satisfied, and with amended plans addressing car parking, there are no substantive reasons for refusal.

Court Disposition

appeal upheld; development application approved with conditions

Orders

  • The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is upheld.
  • Development application No 1415/04 to demolish two dwellings and erect a four-storey residential flat building comprising 16 units and basement car parking for 29 vehicles at Pt 1, DP 310770 and Pt 2, DP 656052 (Nos 589 Pacific Highway & 32 Marian Street, Killara) is approved subject to conditions 1 to 118 in...