Cowan Development 40 Pty Limited v Ku-ring-gai Council [2020] NSWLEC 1315

Land and Environment Court New South Wales

Medium Neutral Citation: Cowan Development 40 Pty Limited v Ku-ring-gai Council [2020] NSWLEC 1315 Hearing dates: 10 June 2020 Date of orders: 23 July 2020 Decision date: 23 July 2020 Jurisdiction: Class 1 Before: Walsh C Decision: The orders of the Court are: (1) The Applicant's written request, dated 29 May 2020, prepared by Boston Blyth and Fleming, and made pursuant to clause 4.6 of Ku-ring-gai Local Environmental Plan (Local Centres) 2012, seeking a variation of the development standard for building height at clause 40(4)(c) of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, is upheld. (2) The appeal is upheld. (3) Consent is granted to development application no. DA0030/19 for demolition of existing improvements and construction of a seniors living development comprising 6 units including strata subdivision under State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 at 60 Cowan Road St Ives (Lot 4, DP20586) subject to the conditions at Annexure A. (4) The exhibits are returned with the exception of Exhibits A – Q, S, W and 6. Catchwords: DEVELOPMENT APPLICATION – seniors housing – neighbour concerns Legislation Cited: Environmental Planning and Assessment Act 1979 Ku-ring-gai Local Environmental Plan 2015 Ku-ring-gai Local Environmental Plan (Local Centres) 2012 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 Cases Cited: Baron Corporation Pty Limited v Council of the City of Sydney [2019] NSWLEC 61 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Ku-ring-gai Council v Pathways Property Groups Pty Ltd [2018] NSWLEC 73 Manderrah Pty Ltd v Woollahra Municipal Council and Anor [2013] NSWLEC 1196 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Australian Standard 2436-2010 - Guide to noise and vibration control on construction, demolition and maintenance sites Ku-ring-gai Local Centres Development Control Plan Seniors Living Policy: Urban Design Guideline for Infill Development Category: Principal judgment Parties: Cowan Development 40 Pty Limited (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: M Staunton (Applicant) R O'Gorman-Hughes (Respondent)