WFM St Ives Pty Ltd v Ku-ring-gai Council [2020] NSWLEC 1333

Land and Environment Court New South Wales

Medium Neutral Citation: WFM St Ives Pty Ltd v Ku-ring-gai Council [2020] NSWLEC 1333 Hearing dates: Conciliation conference held on 5 June and 22 July 2020 Date of orders: 30 July 2020 Decision date: 30 July 2020 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) Leave is granted for the applicant to amend the application to rely on the amended and additional plans and documents referred to in Condition 1 of the conditions of consent at Annexure A. (2) The applicant is to pay the respondent's costs in the amount of $10,000.00 pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 within 28 days of the date of these orders. (3) The appeal is upheld. (4) Development Application 0273/19 for the demolition of existing structures and construction of 18 self-contained dwellings for seniors or people with a disability, basement parking and associated site works at 14 Collins Road, St Ives, is approved, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – contravention of the development standard for a maximum height of 8m for seniors housing in a residential zone where residential flat buildings are not permitted Legislation Cited: Environmental Planning and Assessment Act 1979 Ku-ring-gai Local Environmental Plan 2015 Land and Environment Court Act 1979 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Category: Principal judgment Parties: WFM St Ives Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: A Whealy (Solicitor) (Applicant) L Finn (Solicitor) (Respondent)