Staldone Corporation Pty Ltd v Ku-ring-gai Council [2012] NSWLEC 1055

Staldone Corporation Pty Ltd v Ku-ring-gai Council [2012] NSWLEC 1055

The appeals were upheld because, on the proper construction of 'ground level' in cl 25B, no SEPP 1 objection was required; alternatively the SEPP 1 objection was well founded. The subdivision and residential flat building proposals were acceptable under the applicable planning controls, and the remaining impacts, including privacy, stormwater, building entry, air-conditioning condenser details, balcony treatment and landscaping, could be addressed by amended plans and conditions. None of the council's contentions or resident concerns warranted refusal.

Jurisdiction
Australia
Judgment Date
13 March 2012
Procedural Posture
Class 1 Appeals Concerning Refusal of Development Applications for Subdivision and Residential Flat Buildings / Principal Judgment With Final Orders After Directions for Amended Plans and Written Submissions
Outcome
All three appeals were upheld and the three development applications were approved subject to conditions in Annexure A.
Legal Topics
['development Applications' 'subdivision' 'residential Flat Buildings' 'sepp 1 Objection' 'height and Storey Development Standards' 'building Design' 'car Parking' 'manageable Housing' 'visual Privacy and Overlooking' 'stormwater Disposal' 'heritage Impact' 'ecological Impact']
['environmental Planning and Development Control' 'land and Environment Court Appeals'] ['development Applications' 'subdivision' 'residential Flat Buildings' 'sepp 1 Objection' 'height and Storey Development Standards' 'building Design' 'car Parking' 'manageable Housing' 'visual Privacy and Overlooking' 'stormwater Disposal' 'heritage Impact' 'ecological Impact']

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Procedural Posture

Class 1 Appeals Concerning Refusal of Development Applications for Subdivision and Residential Flat Buildings / Principal Judgment With Final Orders After Directions for Amended Plans and Written Submissions

Legal Issues

  1. 1 ['Whether a SEPP 1 objection to the height and storey development standards was necessary and, if so, well founded.' 'Whether the proposed subdivision boundary was unnecessarily irregular or inappropriate.' 'Whether the proposed subdivision sterilised or lessened the development potential of neighbouring properties.' 'Whether the building design was acceptable, including pedestrian access and entry, internal amenity, floor space ratio, communal open space, internal circulation, building separation, balcony size and air-conditioning location.' 'Whether excessive car parking was provided.' 'Whether the location of manageable housing was appropriate.' 'Whether overlooking and loss of privacy impacts on adjoining properties were acceptable or could be addressed by amendments and conditions.' 'Whether resident concerns about heritage, stormwater, vegetation and fauna, views, traffic and parking warranted refusal.']

Ratio Decidendi

The appeals were upheld because, on the proper construction of 'ground level' in cl 25B, no SEPP 1 objection was required; alternatively the SEPP 1 objection was well founded. The subdivision and residential flat building proposals were acceptable under the applicable planning controls, and the remaining impacts, including privacy, stormwater, building entry, air-conditioning condenser details, balcony treatment and landscaping, could be addressed by amended plans and conditions. None of the council's contentions or resident concerns warranted refusal.

Court Disposition

All three appeals were upheld and the three development applications were approved subject to conditions in Annexure A.

Orders

  • ['In Appeal No 10446 of 2011, the appeal is upheld.' 'DA 0986/08 for the consolidation of the five lots consisting of 6, 6A, 8, 10 and 10A Beaconsfield Parade and the resubdivision of the lots into 2 lots (Lots A and B) is approved subject to the conditions in Annexure A.' 'In Appeal No 10446 of 2011, the exhibits...