Joyce v Ku-Ring-Gai Council [2002] NSWLEC 46

Land and Environment Court of New South Wales

CITATION : Joyce v Ku-Ring-Gai Council [2002] NSWLEC 46 APPLICANT: Joyce PARTIES : RESPONDENT: Ku-Ring-Gai Council FILE NUMBER(S) : 10037 of 2001 CORAM: Bignold J KEY ISSUES: Development Application :- SEPP No 5 housing development - development site a "heritage item" under LEP - affectation of proposed development on heritage item unacceptable LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 97 Heritage Act 1977 CASES CITED: DATES OF HEARING: 5, 6, 7, 8, 9 and 28 November 2001 DATE OF JUDGMENT: 03/28/2002

APPLICANT: Mr A Galasso, Barrister SOLICITORS Pricewaterhousecoopers Legal LEGAL REPRESENTATIVES: RESPONDENT: Miss C Schofield, Solicitor SOLICITORS Pike Pike and Fenwick

JUDGMENT:

IN THE LAND AND Matter No. 10037 of 2001 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 28 March 2002

SUE JOYCE

Applicant

v

KU-RING-GAI COUNCIL

Respondent

JUDGMENT

Bignold J:

1. This is an appeal pursuant to the Environmental Planning and Assessment Act 1979, s 97 (EP&A Act) against the deemed determination of the Council refusing development consent to a development application to develop land known as No 37 Burns Road, Wahroonga being lots 15 and 16 Deposited Plan 2943 (the appeal site) by housing for older people or people with a disability pursuant to State Environmental Planning Policy No 5—Housing for Older People or People with a Disability (SEPP No 5).