McCallum Constructions Pty Ltd v Ku-Ring-Gai Municipal Council [1988] NSWLEC 4

Land and Environment Court of New South Wales

CITATION : McCallum Constructions Pty Ltd v Ku-Ring-Gai Municipal Council [1988] NSWLEC 4 APPLICANT McCallum Constructions Pty Ltd PARTIES : RESPONDENT Ku-Ring-Gai Municipal Council FILE NUMBER(S) : 10267 of 1987 CORAM: Bignold J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act 1979 CASES CITED: DATES OF HEARING: DATE OF JUDGMENT: 06/10/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

Bignold J.: This is an appeal pursuant to s.97 of the Environmental Planning and Assessment Act 1979 against the deemed refusal by the Respondent of a development application for the erection of aged persons housing (comprising 42 self-care units and 2 caretakers units and associated facilities) on vacant land known as lots 2-4 Deposited Plan 11919 situate at Coonanbarra Road, Wahroonga.

Following the filing of the appeal the Respondent exercised its power under s.96(2) of the Environmental Planning and Assessment Act 1979 and determined the development application by refusing development consent for the following reasons:-

"1. The proposed development fails to provide adequate wheelchair access in accordance with Clause 10(3) of State Environmental Planning Policy No. 5.

2. The development exceeds the maximum 8.0 metre height requirement of Clause 10(4) of State Environmental Planning Policy No. 5.

3. The application fails to provide adequate information concerning the provision of support services and operating costs of the development in accordance with Clause 11(1) of State Environmental Planning Policy No. 5.

4. The provision of landscaping on-site is not satisfactorily detailed in the application nor satisfactory to provide for the use of residents of the development.