Turramurra Avenue Development Pty Ltd v Ku-ring-gai Council [2024] NSWLEC 1638

Turramurra Avenue Development Pty Ltd v Ku-ring-gai Council [2024] NSWLEC 1638

The modification application, as amended and agreed by the parties, remains substantially the same as the original consent, addresses all jurisdictional requirements, satisfies applicable development standards or justifies their variation, and adequately responds to objector and council concerns. The statutory preconditions under s 4.55 Environmental Planning and Assessment Act 1979 and s 34 Land and Environment Court Act 1979 are met; therefore, the appeal is upheld and development consent modified.

Parties
Applicant: Turramurra Avenue Development Pty Ltd; Respondent: Ku-ring-gai Council
Jurisdiction
Australia
Judgment Date
11 October 2024
Procedural Posture
Class 1 Appeal (environment and Planning) / Judgment After Conciliation Conference
Outcome
Appeal upheld; development consent modified
Legal Topics
Modification Application, Development Consent, Residential Apartment Development, Local Planning Instruments, Integrated Development, Community Participation
Environmental and Planning Law Administrative Law Modification Application Development Consent Residential Apartment Development Local Planning Instruments Integrated Development Community Participation

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Parties

Turramurra Avenue Development Pty Ltd

Applicant

Ku-ring-gai Council

Respondent

Procedural Posture

Class 1 Appeal (environment and Planning) / Judgment After Conciliation Conference

Legal Issues

  1. 1 Whether the modified application remains substantially the same as the parent development consent
  2. 2 Whether the amended application satisfies the relevant statutory criteria for modification under s 4.55 Environmental Planning and Assessment Act 1979
  3. 3 Whether the agreed modifications address concerns regarding building bulk, FSR, design quality, heritage, and amenity impacts

Ratio Decidendi

The modification application, as amended and agreed by the parties, remains substantially the same as the original consent, addresses all jurisdictional requirements, satisfies applicable development standards or justifies their variation, and adequately responds to objector and council concerns. The statutory preconditions under s 4.55 Environmental Planning and Assessment Act 1979 and s 34 Land and Environment Court Act 1979 are met; therefore, the appeal is upheld and development consent modified.

Court Disposition

Appeal upheld; development consent modified

Orders

  • Leave is granted to amend Modification Application MOD0060/23 and rely on amended plans and documents listed at Condition 1 of Annexure A.
  • The appeal is upheld.