Winim Developments Pty Limited v Ku-ring-gai Council [2023] NSWLEC 1651

Winim Developments Pty Limited v Ku-ring-gai Council [2023] NSWLEC 1651

The applicant's written request pursuant to cl 4.6 of the Ku-ring-gai Local Environmental Plan 2015 had adequately justified the minor contravention of the height of buildings standard, with the breach being minor, primarily due to topography, and not resulting in significant environmental or amenity impacts. The amended development application otherwise complied with relevant planning controls. Therefore, the appeal was upheld and development consent granted subject to conditions.

Jurisdiction
Australia
Judgment Date
02 November 2023
Procedural Posture
Appeal Under Environmental Planning and Assessment Act 1979 S 8.7(1) (deemed Refusal) / Final Determination Following Conciliation Conference
Outcome
Appeal upheld; development consent granted
Legal Topics
['development Application' 'height of Buildings' 'local Environmental Plan' 'variation of Development Standards' 'conciliation Conference' 'costs']
['planning and Environment'] ['development Application' 'height of Buildings' 'local Environmental Plan' 'variation of Development Standards' 'conciliation Conference' 'costs']

Case Brief

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Procedural Posture

Appeal Under Environmental Planning and Assessment Act 1979 S 8.7(1) (deemed Refusal) / Final Determination Following Conciliation Conference

Legal Issues

  1. 1 ["Whether the applicant's request to vary the development standard for height of buildings should be upheld" 'Whether the amended development application complies with applicable planning controls, including flood planning, acid sulfate soils, floor space ratio, earthworks, biodiversity, riparian land, stormwater, and sustainability requirements']

Ratio Decidendi

The applicant's written request pursuant to cl 4.6 of the Ku-ring-gai Local Environmental Plan 2015 had adequately justified the minor contravention of the height of buildings standard, with the breach being minor, primarily due to topography, and not resulting in significant environmental or amenity impacts. The amended development application otherwise complied with relevant planning controls. Therefore, the appeal was upheld and development consent granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted

Orders

  • ["The applicant to pay the respondent's costs thrown away in the amount of $31,104.00 within 28 days of judgment being handed down." "The applicant's written request to vary the development standard for height of buildings is upheld." 'The appeal is upheld.' 'Development Application No. 0219/22 is determined by...