HMR Developments Pty Ltd v Ku-ring-gai Council [2020] NSWLEC 1499

Land and Environment Court New South Wales

Medium Neutral Citation: HMR Developments Pty Ltd v Ku-ring-gai Council [2020] NSWLEC 1499 Hearing dates: Hearing on 15 October 2020; Conciliation conference on 16 October 2020 Date of orders: 20 October 2020 Decision date: 20 October 2020 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) The applicant is granted leave to amend the development application and rely on the amended plans referred to in Condition 1 of Annexure "A". (2) The applicant is to pay the respondent's costs pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (3) The appeal is upheld. (4) Development Application DA 0196/19 for the demolition of existing dwellings and ancillary structures and the construction of a seniors living development at 11 Collins Road and 34 Memorial Avenue, St Ives, NSW is approved subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – seniors living development – agreement between the parties – orders 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 State Environmental Planning Policy No 55—Remediation of Land Texts Cited: Department of Infrastructure, Planning and Natural Resources, 'Seniors Living Policy: Urban Design Guideline for Infill Development (March 2004) Ku-ring-gai Development Control Plan Category: Principal judgment Parties: HMR Developments Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) A Stafford (Respondent)