Stanford Jones Pty Ltd v Ku-ring-gai Council [2024] NSWLEC 1491

Land and Environment Court New South Wales

Medium Neutral Citation: Stanford Jones Pty Ltd v Ku-ring-gai Council [2024] NSWLEC 1491 Hearing dates: Conciliation conference on 2 August 2024 Date of orders: 14 August 2024 Decision date: 14 August 2024 Jurisdiction: Class 1 Before: Washington C Decision: The Court orders: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away in the agreed sum of $22,000 within 28 days of these orders being made. (2) The appeal is upheld. (3) Development consent is granted to Development Application number DA0185/23 for the demolition of existing structures and construction of five independent living units at 20 Memorial Avenue, St Ives, known as Lot 6 DP 26832, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – independent living units – seniors housing – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 27, 38 Ku-ring-gai Local Environmental Plan 2015 cll 4.3, 4.4, 5.10, 6.1, 6.3 State Environmental Planning Policy (Housing) 2021, Pt 5, Div 3, ss 79, 81, 82, 84, 85, 93, 95, 96, 97, 108, Sch 8 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Ku-ring-gai Community Participation Plan 2020 NSW Department of Planning and Environment, Seniors Housing Design Guide, November 2023 Category: Principal judgment Parties: Stanford Jones Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: D Tyrrell (Solicitor) (Applicant) L Finn (Solicitor) (Respondent)