Gelder v Ku-ring-gai Council [2024] NSWLEC 1564

Land and Environment Court New South Wales

Medium Neutral Citation: Gelder v Ku-ring-gai Council [2024] NSWLEC 1564 Hearing dates: Conciliation conference on 18 June and 31 July 2024 Date of orders: 13 September 2024 Decision date: 13 September 2024 Jurisdiction: Class 1 Before: Harding AC Decision: The Court orders that: (1) The applicant is to pay the respondent's costs that have been thrown away as a result of the amendment of the application for development consent, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed sum of $12,000. (2) The appeal is upheld. (3) Development Application No DA/0370/23 for the demolition of existing structures and construction of 13 independent living units (housing for seniors and people with disability), basement parking and associated works on the land at Lot 3 and 4 in Deposited Plan 252194 known as 33B and 35 Clissold Road, Wahroonga, is determined by the grant of development consent, subject to the conditions set out in Annexure B. Catchwords: DEVELOPMENT APPLICATION – housing for seniors and people with a disability – independent living – amended plans – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, Div 2, Pt 4 Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997 Environmental Planning and Assessment Regulation 2021, ss 27, 38 State Environmental Planning Policy (Housing) 2021, Ch 3, Pt 5 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022 Ku-ring-gai Local Environmental Plan 2015, cll 4.3, 6.1, 6.2, 6.3 Category: Principal judgment Parties: Stuart Gelder (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: D Tyrell (Solicitor) (Applicant) C Morton (Solicitor) (Respondent)