Tenacity Investments v Ku-ring-gai Council

Tenacity Investments applied to amend an existing development consent, originally granted on 2 May 2006, to allow the demolition of existing structures and the construction of four townhouses and a seven-level residential flat building on two lots in Pymble. The Ku-ring-gai Council opposed the application on the basis that it did not comply with certain planning and environmental controls. The case was heard in the Land and Environment Court of New South Wales.

The court was tasked with determining whether the proposed development was consistent with the local planning instruments and whether it complied with the relevant environmental controls. The key issues included whether the proposed development was in accordance with the local environmental plan, whether it complied with the Heritage Act 2018, and whether it adhered to other relevant statutory requirements.

The court found that while the proposed development was largely consistent with the local planning instruments, certain aspects did not comply with the relevant environmental controls. Specifically, the court noted that the proposed development did not adequately address the impact on the local heritage items and did not comply with certain environmental controls. However, the court also found that the internal alterations proposed in the application were consistent with the planning instruments and did not present any significant environmental concerns. The court approved the application in part, subject to certain conditions being met, and refused the additional floor on level 6. The exhibits were returned except for Exhibit 11.