Bunnings Properties Pty Ltd v Ku-ring-gai Council (No 4)

Bunnings Properties Pty Ltd sought approval for a development application for the demolition and reconstruction of a property in Pymble, which was refused by Ku-ring-gai Council. Bunnings appealed this decision to the Land and Environment Court, which was also dismissed. The appeal was then taken to the Supreme Court. The key issue for determination was whether the refusal of the development application was unreasonable, taking into account the statutory criteria and relevant policies and guidelines. The court considered whether the refusal was outside the range of reasonable decisions that could be made on the evidence before the council.

The court found that the refusal of the development application was unreasonable. It was noted that the development would have minimal impact on the character of the area, and the benefits to the public in terms of access to a hardware store outweighed any negative effects. The court also found that the decision-maker failed to properly consider the statutory criteria and relevant policies and guidelines. The appeal was upheld, and the development application was approved subject to certain conditions. The exhibits were returned with the exception of exhibits N, O and P.