The Uniting Church in Australia Property Trust (NSW) v Warringah Council [2000] NSWLEC 1

Land and Environment Court of New South Wales

CITATION : The Uniting Church in Australia Property Trust (NSW) v Warringah Council [2000] NSWLEC 1 APPLICANT The Uniting Church in Australia Property Trust (NSW) PARTIES : RESPONDENT Warringah Council FILE NUMBER(S) : 10775 of 1999 CORAM: Sheahan J KEY ISSUES: Question of Law :- Class 1 - SEPP 5 - construction - services to aged LEGISLATION CITED: Environmental Planning and Assessment Act 1979 CASES CITED: Hornsby Shire Council v Malcolm (1986) 60 LGRA 429 DATES OF HEARING: 22/12/99 DATE OF JUDGMENT: 01/07/2000

APPLICANT Mr J B Maston, Barrister SOLICITORS Slade & Manwaring LEGAL REPRESENTATIVES: RESPONDENT Mr J Ayling, Barrister SOLICITORS Wilshire Webb

JUDGMENT: IN THE LAND AND Matter No: 10755 of 1999 ENVIRONMENT COURT Coram: Sheahan J OF NEW SOUTH WALES 7 January 2000

THE UNITING CHURCH IN AUSTRALIA PROPERTY TRUST (NSW) Applicant v

WARRINGAH COUNCIL Respondent

JUDGMENT

Introduction

1. These Class 1 proceedings are listed for hearing before a Commissioner of the Court on 27 and 28 January 2000.

2. They came before me on 22 December 1999 pursuant to a Notice of Motion brought by and on behalf of the Council on 18 November seeking determination of the following three preliminary questions: 1. Whether or not the subject land at 1 Morgan Road, Belrose being Lot 936 in DP752038 ('the subject land') is land which is zoned or which adjoins land zoned primarily for urban purposes within the meaning of clause 4(1)(a) of SEPP5. 2. Whether or not the proposed development is for the purpose of any form of housing for older people or people with a disability within the meaning of clause 10 of SEPP5. 3. Whether or not the proposed development provides for an increase in the type and/or diversity of residential accommodation for aged persons or disabled persons within the meaning of clause 3(1)(a) of the SEPP5.