Ray Fitz-Gibbon Architects Pty Limited v Ku-ring-gai Council [2004] NSWLEC 224

Land and Environment Court of New South Wales

CITATION : Ray Fitz-Gibbon Architects Pty Limited v Ku-ring-gai Council [2004] NSWLEC 224 APPLICANT Ray Fitz-Gibbon Architects Pty Limited PARTIES : RESPONDENT Ku-ring-gai Council FILE NUMBER(S) : 11494 of 2003 CORAM: Brown C KEY ISSUES: Development Application :- demolition of existing dwelling - construction of housing for older people or people with a disability - streetscape/character Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Ku-ring-gai Planning Scheme Ordnance State Environmental Planning Policy No. 5 State Environmental Planning Policy (Seniors Living) 2004 CASES CITED: Winten Property Group Limited v North Sydney Council (2001) NSWLEC 46 DATES OF HEARING: 04-05/05/04 DATE OF JUDGMENT: 05/19/2004

APPLICANT Mr C McEwen, barrister SOLICITORS Staunton Beattie LEGAL REPRESENTATIVES: RESPONDENT Mr A Hudson, solicitor SOLICITORS Wilshire Webb

JUDGMENT: 1

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

11494 of 2003 Brown C 19 May 2004 Ray Fitz–Gibbon Architects Pty Limited Applicant

v Ku-ring-gai Council Respondent

Judgment Introduction 1. This is an appeal against the refusal of Development Application No. 1032/03 by Ku-ring-gai Council (the council) for the demolition of an existing residence and erection of a housing development for older people of people with a disability at 55 Pentecost Avenue, Pymble (the subject site).