Gelder Architects v Ku-ring-gai Council [2020] NSWLEC 1308

Land and Environment Court New South Wales

Medium Neutral Citation: Gelder Architects v Ku-ring-gai Council [2020] NSWLEC 1308 Hearing dates: Conciliation conference on 13 July 2020 Date of orders: 17 July 2020 Decision date: 17 July 2020 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant is granted leave to amend the development application to rely upon the plans and documents referred to in Condition 3 of Annexure A to this agreement. (2) The Applicant is to pay the respondents costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), in respect of the further amendments to the development application filed 10 July 2020. (3) The appeal is upheld. (4) Development Application DA0394/18 for refurbishment of three existing dwellings and construction of 8 additional seniors housing apartments at 67-71 Archbold Road, Roseville, is approved subject to the conditions in Annexure A to this agreement. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – seniors housing development – amended plans – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Regulation 2000 Ku-ring-gai Local Environmental Plan 2015 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 State Environmental Planning Policy No 55—Remediation of Land Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Texts Cited: Department of Infrastructure, Planning and Natural Resources, Seniors Living Policy: Urban Design Guidelines for Infill Development, (March 2004) Category: Principal judgment Parties: Gelder Architects (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: M Staunton (Applicant) R Cunningham (Solicitor) (Respondent)