MacKenzie Architects International Pty Ltd v Ku-ring-gai Council [2022] NSWLEC 1274

Land and Environment Court New South Wales

Medium Neutral Citation: MacKenzie Architects International Pty Ltd v Ku-ring-gai Council [2022] NSWLEC 1274 Hearing dates: Conciliation conference on 10 May 2022 Date of orders: 31 May 2022 Decision date: 31 May 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The request pursuant to clause 4.6 of the Ku-ring-gai Local Environmental Plan 2015 to vary the development standard for height of buildings contained in clause 40(4)(c) of State Environmental Planning Policy (Housing for Seniors or people with a Disability) 2004 prepared by Chapman Planning Pty Ltd dated 22 December 2021 is upheld. (2) The appeal is upheld. (3) Development Application DA0186/21 for the demolition of the existing garage and studio; subdivision of land to retain the heritage house; construction of 12 additional seniors living town houses and excavation and construction of basement carparking on land at 30 & 30C Shinfield Avenue and 9 Porters Lane, St Ives is determined by the grant of consent, subject to the conditions contained in the annexure marked "A". Catchwords: DEVELOPMENT APPLICATION – seniors living development – local heritage significance – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, ss 7.7, 7.16 Conveyancing Act 1919 Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Ku-ring-gai Local Environmental Plan 2015, cll 4.6, 5.10, 6.1, 6.2, 6.3, 6.4, 6.5 Land and Environment Court Act 1979, ss 34, 39 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, cl 2A, Sched 1 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, cll 4, 4A, 13, 18, 26, 28, 30, 31, 32, 35, 36, 38, 39, 40 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 Texts Cited: Seniors Living Policy – Urban Design Guidelines for Infill Development Category: Principal judgment Parties: Mackenzie Architects International Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: J Smith (Applicant) C Shaw (Solicitor) (Respondent)