Mackenzie Architects International Pty Ltd v Ku-ring-gai Council [2020] NSWLEC 1540

Land and Environment Court New South Wales

Medium Neutral Citation: Mackenzie Architects International Pty Ltd v Ku-ring-gai Council [2020] NSWLEC 1540 Hearing dates: 14-16 September and 7 October 2020 Date of orders: 09 November 2020 Decision date: 09 November 2020 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders: (1) The Applicant is granted leave to amend the application to rely on the amended plans marked Exhibit A. (2) The Applicant is to pay the Respondent $8000.00 within 30 days of the date of these orders, being the agreed amount for those costs of the Respondent that have been thrown away as a result of the amendment of the application for development consent, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (3) The appeal is dismissed. (4) Development Application No. 86/19 for the demolition of ancillary structures and adaption of an existing dwelling into two seniors living dwellings and construction of fifteen new seniors living dwellings, at 9 Porters Lane and 30 and 30C Shinfield Avenue, St Ives, is refused. (5) The exhibits, other than exhibits 1, A and K, are returned. Catchwords: DEVELOPMENT APPLICATION – Seniors housing development – local heritage item – impact on the heritage significance of the heritage item – contravention of the accessibility standards for self-contained dwellings in State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 Legislation Cited: Biodiversity Conservation Act 2016 Environmental Planning and Assessment Act 1979 Ku-ring-gai Local Environmental Plan (Local Centres) 2012 Land and Environment Court Act 1979 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 Cases Cited: Ku-ring-gai Council v Pathways Property Group Pty Ltd [2018] NSWLEC 73 Principal Healthcare Finance Pty Ltd v Council of the City of Ryde [2016] NSWLEC 153 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Texts Cited: Ku-ring-gai Local Centres Development Control Plan 2012 Seniors Living Policy Category: Principal judgment Parties: Mackenzie Architects International Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) R O'Gorman-Hughes (Respondent)