Wan v Ku-ring-gai Council [2021] NSWLEC 1133

Land and Environment Court New South Wales

Medium Neutral Citation: Wan v Ku-ring-gai Council [2021] NSWLEC 1133 Hearing dates: Conciliation conference on 4 February 2021 Date of orders: 17 March 2021 Decision date: 17 March 2021 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend the development application and rely on the plans and documents listed under Condition 1 in Schedule B of Annexure A. (2) The Applicant shall 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 consent is granted to development application number DA0584/18, lodged on 7 December 2018, seeking consent for the demolition of existing structures and construction of seniors living development comprising 6 town-houses, basement parking and associated works at 35 Westbrook Avenue, Wahroonga, in accordance with the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – seniors living – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Ku-ring-gai Local Environmental Plan 2015 Land and Environment Court Act 1979 SEPP BASIX State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 State Environmental Planning Policy No 55—Remediation of Land (SEPP 55) Texts Cited: Ku-ring-gai Development Control Plan 2020 New South Wales Department of Infrastructure, Planning and Natural Resources, Seniors Living Policy: Urban Design Guideline for Infill Development (March 2004) New South Wales Department of Planning, Industry and Environment, Proposed new Housing Diversity State Environmental Planning Policy (Housing Diversity SEPP) New South Wales Department of Planning, Industry and Environment, Explanation of Intended Effect for a new Housing Diversity SEPP (July 2020) Category: Principal judgment Parties: Yi Wan (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: G Hartley (Solicitor) (Applicant) A Hudson (Solicitor) (Respondent)