Provincial Planning Pty Limited v Ku-ring-gai Council

[2005] NSWLEC 188

Land and Environment Court

of New South Wales

CITATION:

Provincial Planning Pty Limited v Ku-ring-gai Council [2005] NSWLEC 188

PARTIES:

APPLICANT
Provincial Planning Pty Limited

RESPONDENT
Ku-ring-gai Council

FILE NUMBER(S):

10020 of 2005

CORAM:

Moore C

KEY ISSUES:

Development Consent :-
Modification application
Consent orders

DATES OF HEARING:

21 April 2005

EX TEMPORE JUDGMENT DATE:

04/21/2005

LEGAL REPRESENTATIVES:

APPLICANT
Mr C Gough, solicitor
Storey & Gough

RESPONDENT
Mr P Rigg, solicitor
Deacons

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

MOORE C

21 April 2005

05/10020 Provincial Planning Pty Limited v Ku-ring-gai Council

JUDGMENT

The consequence of the Court making consent orders in this appeal is the amendment of the conditions of an existing development consent. These conditions are not reproduced as part of this decision but are available for inspection at the Council. In addition, a copy the Court’s Orders and the conditions may be obtained from the Court’s registry upon payment of a fee. Details of the fee payable and process for obtaining a copy of the Orders and conditions are available on the Court’s web site at

1 Commissioner: This is an appeal to s 96 of the environmental planning and assessment act 1979 against the refusal by Ku-ring-gai Council (the council) of an application to modify the development consent granted for the redevelopment of the Gordon Post Office site at 741 Pacific Highway, Gordon (being Lot 1 DP 120856). The redevelopment proposal incorporates preservation of the existing Post Office building. The matters which were subject of the appeal related to the creation of additional underground parking on the site, the adequacy of the parking provision and payment of the council of s 94 contributions in lieu of provisioning of parking spaces.

2 Although there was one objector to the original proposal, that objection was not related to any matter encompassed in the modification application and there was no requirement to re-notify the modification application.

3 As the parties have now settled the matter in its entirety, I have granted consent orders to give effect to the agreement. As a consequence, the formal orders of the Court are:

1. The appeal is upheld;
2. Development Consent 1795/01 for the erection of a part four and part five storey commercial building with basement car parking at 741 Pacific Highway, Gordon (being Lot 1 DP 120856) is modified pursuant to s 96(6) of the Environmental Planning and Assessment Act 1979 with such development to be constructed pursuant to Development Application plans prepared by Squillace Architects, reference number PAR0103 Sheet DA01(b) dated 23 April 2004, lodged with Council on 5 July 2004, Sheets DA02 Issue E and DA05 Issue E dated 14 March 2005 and lodged with Council on 18 March 2005, reference number 04005 Sheets DA03 Issue D, DA04 Issue D and DA06 Issue D dated 3 October 2004, lodged with Council on 12 November 2004 and being subject to the consolidated conditions in Annexure A;
3. No order for costs; and
4. The exhibits, other than Exhibit A, are returned.
Tim Moore
Commissioner of the Court