Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 7:

1. COMMISSIONER: Residential apartment development is proposed on a site on the western side of the Pacific Highway, close to the Roseville Railway Station, known as 26 Pacific Highway.

2. To this end, development application No. 0532/22 seeking consent for such development was lodged by the Applicant in these proceedings, Random Primer Pty Ltd, with Ku-ring-gai Council (the Council) on 20 December 2022.

3. The development application was notified for a period of 30 days in accordance with the Ku-ring-gai Community Participation Plan from 29 December 2022, and notified again on three further occasions following amendment of the development application.

4. As the development application was not otherwise determined, Random Primer filed an appeal against the deemed refusal in Class 1 of the Court's jurisdiction on 24 June 2024 in accordance with s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act). On 27 June 2024, the Ku-ring-gai Planning Panel refused the development application, on behalf of the Council.

5. The matter was listed before me for hearing 29-30 April 2025. On the second and final day of the hearing, Random Primer, advised the Court of further amendments that the parties agree would wholly resolve the matters in dispute and, subject to an adjournment for the preparation of amended plans and notification of Council's intent to seek orders by consent of the parties, the matter could be concluded in such a manner.

6. The Court granted the adjournment, and directed that certain documents be filed and served according to a timetable initially agreed by the parties.

7. When the hearing resumed on 31 July 2025, Random Primer sought leave to further amend the development application by the tender a bundle of documents (Exhibit H) comprising:

1) Written consent of the owners of 4 Maclaurin Parade for lodgement of the development application, dated 28 May 2025.

2) Amended Stormwater plans prepared by Henry & Hymas dated 2 May 2025.

3) A survey of the existing stormwater drainage pipe in respect of the existing easement on the land at 4 Maclaurin Parade, and at 8-12 Nola Road, prepared by CMS Surveyors dated 10 June 2025.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19878be473252e8ddd158670)

Disclaimer: Curated by HT Syndication.