Turramurra Avenue Development Pty Ltd v Ku-Ring-Gai Council [2022] NSWLEC 1562

Turramurra Avenue Development Pty Ltd v Ku-Ring-Gai Council [2022] NSWLEC 1562

The Court upheld the parties' agreement because the jurisdictional prerequisites for granting consent were satisfied, the amended development application resolved the Respondent's contentions, the cl 4.6 written request adequately justified the minor height variation, the proposal was permissible and consistent with relevant planning controls, and the agreed decision was one the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
14 October 2022
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application DA 0002/22 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted to Development Application DA 0002/22 as amended, subject to conditions.
Legal Topics
['development Application' 'residential Apartment Development' 'clause 4.6 Written Request' 'height of Buildings Development Standard' 'integrated Development' 'conciliation Agreement']
['planning and Environment Law' 'development Consent'] ['development Application' 'residential Apartment Development' 'clause 4.6 Written Request' 'height of Buildings Development Standard' 'integrated Development' 'conciliation Agreement']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application DA 0002/22 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the Court could dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether leave should be granted to amend Development Application DA 0002/22.' "Whether the Applicant's cl 4.6 written request adequately justified variation of the height of buildings development standard in cl 4.3 of the Ku-ring-gai Local Environmental Plan 2015." 'Whether development consent should be granted to the amended Development Application subject to conditions.']

Ratio Decidendi

The Court upheld the parties' agreement because the jurisdictional prerequisites for granting consent were satisfied, the amended development application resolved the Respondent's contentions, the cl 4.6 written request adequately justified the minor height variation, the proposal was permissible and consistent with relevant planning controls, and the agreed decision was one the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted to Development Application DA 0002/22 as amended, subject to conditions.

Orders

  • ['Leave is granted to the Applicant to amend Development Application DA 0002/22 and rely on the amended plans and documents reflected at condition 1 of Annexure A.' "Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a...