Winter Group v Ku-ring-gai Council [2007] NSWLEC 565

Land and Environment Court of New South Wales

CITATION : Winter Group v Ku-ring-gai Council [2007] NSWLEC 565

APPLICANT Winter Group Architects Pty Limited PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 10290 of 2007

CORAM: Brown C

KEY ISSUES: Development Application :- seniors' living development - consent orders - resident objections

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 20/08/07

EX TEMPORE JUDGMENT DATE : 20 August 2007

APPLICANT Ms D Holm, solicitor SOLICITORS McKees Legal Solutions LEGAL REPRESENTATIVES: RESPONDENT Mr P Clay, barrister SOLICITORS Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

20 August 2007

10290 of 2007 Winter Group Architects Pty Limited v Ku-ring-gai Council

JUDGMENT 1 COMMISSIONER: This matter comes before the Court for Consent Orders in relation to Development Application 624/06 for a seniors' living development at 106 and 108 Junction Road, Wahroonga. The site comprises Lot A in DP355392 and Lot 5 in DP23553. It has an area of 2763 square metres, a frontage of 47.803 metres and a depth of 57.912 metres.

2 The proposal provides for the demolition of two existing dwellings and the erection of nine units for seniors' living under the provisions of State Environmental Planning Policy (Seniors Living). The development will generally consist of two buildings over a basement car park. One building will contain two single-storey dwellings and a two-storey component containing two single level dwellings, one on top of each other. The second building will contain four single-storey dwellings and a fifth dwelling containing a main bedroom and en-suite on a second level. The basement car park will contain nine double garages with storage and three visitor car parking spaces.