Teda Eastern Coast Pty Ltd v Ku-ring-gai Council [2022] NSWLEC 1128

Land and Environment Court New South Wales

Medium Neutral Citation: Teda Eastern Coast Pty Ltd v Ku-ring-gai Council [2022] NSWLEC 1128 Hearing dates: Conciliation Conference on 2 February 2022 Date of orders: 23 March 2022 Decision date: 23 March 2022 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No. 0341/21 for the demolition of existing structures and construction of a two storey seniors' living development comprising five self-contained dwellings over basement parking, at 26 Russell Avenue, Lindfield, is approved, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – seniors housing development – contravention of development standards – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cll 2, 55, Sch 6 Ku-ring-gai Local Environmental Plan 2015, cl 4.6 Land and Environment Court Act 1979, ss 34, 39 State Environmental Planning Policy (Housing) 2021, Sch 7, cl 2 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, cll 26, 40 Standard Instrument (Local Environmental Plans) Order 2006, cl 4.6 Cases Cited: Australian Nursing Home Foundation Ltd v Ku-ring-gai Council [2019] NSWLEC 1205 Cumming v Cumberland Council (No 2) [2021] NSWLEC 117 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 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 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: Teda Eastern Coast Pty Ltd (Applicant) Ku-ring-gai Municipal Council (Respondent) Representation: Counsel: S. Kondilios (Solicitor) (Applicant) C. Morton (Solicitor) (Respondent)