The Winter Group Pty Ltd v Ku-Ring-Gai Council [2000] NSWLEC 70

Land and Environment Court of New South Wales

CITATION : The Winter Group Pty Ltd v Ku-Ring-Gai Council [2000] NSWLEC 70 PARTIES : APPLICANT: The Winter Group Pty Ltd v Ku-ring-Gai Council FILE NUMBER(S) : 10845 of 1999 CORAM: Bignold J KEY ISSUES: Development :- SEPP No 5 housing development - whether site suitable for such development—Impact of development on site and adjoining public reserve. LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 97 CASES CITED: DATES OF HEARING: 17/02/00-24/02/00,03/03/00,29/03/00 DATE OF JUDGMENT: 04/07/2000

APPLICANT: Mr D Baird, Solicitor SOLICITORS Price Waterhouse Coopers Legal LEGAL REPRESENTATIVES: RESPONDENT: Mr J Cole, Solicitor SOLICITORS Abbott Tout

JUDGMENT: IN THE LAND AND Matter No . 10845 of 1999 ENVIRONMENT COURT OF Coram : Bignold J. NEW SOUTH WALES 7 April 2000

THE WINTER GROUP PTY LTD

Applicant

v

KU-RING-GAI COUNCIL

Respondent

JUDGMENT

Bignold J:

A. INTRODUCTION

1. This is an appeal pursuant to the Environmental Planning and Assessment Act 1979 s 97 (the EP&A Act) against the deemed refusal by the Council of the Applicant's development application for the development of land known as No 47 Highfield Road Lindfield, being lot 1 in DP 3233 (the appeal site) by "housing for older people or people with a disability" within the meaning of "State Environmental Planning Policy No 5 — Housing for Older People or People with a Disability" (SEPP No 5). The proposed development involves 10 three bedroom dwellings in a three level building (the ground (basement) level being primarily used for carparking) with internal lift access to all levels.