AHG Homebush Pty Ltd v Ku-ring-gai Council [2026] NSWLEC 1248
Before: Pullinger AC · NSW Land and Environment Court
Summary
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), brought by AHG Homebush Pty Ltd (the Applicant), against the deemed refusal of Development Application eDA0170/25 (the DA) by Ku-ring-gai Council (the Respondent). At the date of its lodgement on 11 April 2025, the DA sought consent for the demolition of existing structures and construction of a residential apartment building comprising 37 apartments, including eight affordable housing apar
Catchwords
DEVELOPMENT APPLICATION — residential apartment building development — in-fill affordable housing — cl 4.6 written request — height of buildings — floor space ratio — agreement between the parties — orders
Outcome
The Court orders that: (1) Leave is granted to the Applicant to amend Development Application eDA0170/25 and rely upon the amended plans and documents referred to in Condition 1 at Annexure A. (2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the Respondent’s costs thrown away as a result of amending the Development Application as agreed or assessed. (3) The appeal is upheld. (4) Consent is granted to Development Application eDA0170/25 (as amended) for the demolition of existing structures and construction of a residential apartment building consisting of 34 apartments, including eight affordable housing apartments, over seven storeys with basement parking at 130 Killeaton Street, St Ives, subject to the conditions of consent at Annexure A.
Legislation cited
Biodiversity Conservation Act 2016 (NSW), ss 6.3A, 6.5, 7.2, 7.7, 7.13 Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), ss 27, 29, 37, 38 State Environmental Planning Policy (Housing) 2021 Chs 2, 4, Pt 2, Div 1, ss 15C, 16, 19, 20, 21, 147, Sch 9 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1 Ku-ring-gai Local Environmental Plan 2015, cll 2.1, 2.3, 2.7, 4.3, 4.4, 4.6, 6.1, 6.2, 6.5, 6.6
Read the full judgment
Authoritative text on NSW Caselaw · ~23k words
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