Sale v Ku-ring-Gai Municipal Council [2001] NSWLEC 291

Reported Decision : 119 LGERA 31

Land and Environment Court of New South Wales

CITATION : Sale v Ku-ring-Gai Municipal Council [2001] NSWLEC 291 APPLICANT: Sale PARTIES : RESPONDENT: Ku-Ring-Gai Municipal Council FILE NUMBER(S) : 10505 of 2001 CORAM: Bignold J KEY ISSUES: Development Application :- SEPP No 5 housing-impact of proposal on streetscape & character of environs and neighbouring residential amenity LEGISLATION CITED: Environmental Planning and Assessment Act 1979 CASES CITED: DATES OF HEARING: 19, 20, 21 November 2001 DATE OF JUDGMENT: 12/21/2001

APPLICANT: Mr J Hannaford, Solicitor SOLICITORS Cutler Hughes and Harris LEGAL REPRESENTATIVES: RESPONDENT: Mr P Rigg, Solicitor SOLICITORS Deacons

JUDGMENT:

IN THE LAND AND Matter No. 10505 of 2001 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 21 December 2001

P SALE

Applicant

v

KU-RING-GAI MUNICIPAL COUNCIL

Respondent

JUDGMENT

Bignold J: A. INTRODUCTION

1. This is an appeal pursuant to s 97 of the Environmental Planning and Assessment Act 1979 (the EP&A Act) against the refusal by the Council of a development application for housing for older people or people with a disability pursuant to the provisions of State Environmental Planning Policy No 5—Housing for Older People or People with a Disability (SEPP 5) on a development site comprising two adjoining lots known as 43 Canoon Rd and 1 Tarook Ave, South Turramurra, being lot 90 DP 16178 and lot 35 DP1791 respectively (the appeal site).