Woodhouse & Danks Pty Ltd v Ku-ring-gai Council [2021] NSWLEC 1048

Land and Environment Court New South Wales

Medium Neutral Citation: Woodhouse & Danks Pty Ltd v Ku-ring-gai Council [2021] NSWLEC 1048 Hearing dates: 2-4 November and 12 November 2020 Final submissions filed 23 December 2020 Date of orders: 29 January 2021 Decision date: 29 January 2021 Jurisdiction: Class 1 Before: Smithson AC Decision: The Court orders: (1) Leave is granted to the applicant to rely upon amended plans. (2) The appeal is upheld. (3) Development Application DA 185/19 for demolition of existing structures and construction of a boarding house with associated works at 170 Pacific Highway, Roseville is approved subject to conditions, as outlined in Annexure A. (4) The exhibits are returned except for Exhibits B, C, D and 1. Catchwords: DEVELOPMENT APPLICATION – boarding house – applicability of residential flat building controls – compatibility with character of local area –landscaping in side setbacks – amenity impacts for neighbours including overshadowing – objections – public interest Legislation Cited: Environmental Planning and Assessment Act 1979 Ku-ring-gai Local Environmental Plan (Local Centres) 2012 State Environmental Planning Policy (Affordable Rental Housing) 2009 Cases Cited: Anglican Community Services v Blacktown City Council [2020] NSWLEC 1031 Elcheikh v Cumberland Council [2018] NSWLEC 1165 Kohler Bros Property Group Pty Ltd v Penrith City Council [2020] NSWLEC 1364 Lonergan v Ashfield Municipal Council [2011] NSWLEC 1378 Makki Holdings Pty Ltd v Hurstville City Council [2015] NSWLEC 1153 Project Venture Developments Pty Ltd v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Texts Cited: Ku-ring-gai Development Control Plan Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy Category: Principal judgment Parties: Woodhouse & Danks Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: A Hemmings (Applicant) T March (Respondent)