Goodwin & Southwell v Ku-Ring-Gai Municipal Council [1989] NSWLEC 166

Land and Environment Court of New South Wales

CITATION : Goodwin & Southwell v Ku-Ring-Gai Municipal Council [1989] NSWLEC 166 APPLICANT Goodwin & Southwell PARTIES : RESPONDENT Ku-Ring-Gai Municipal Council FILE NUMBER(S) : 10279 of 1988 CORAM: Stein J KEY ISSUES: :- LEGISLATION CITED: Land and Environment Court Act, 1979 Environmental Planning and Assessment Act CASES CITED: Woollahra Municipal Council v. Banool ((1973) 129 CLR 138) ; Civic Constructions Pty. Ltd. v. Ku-ring-gai Municipal Council (Land and Environment Court, Unreported 19 January 1989) DATES OF HEARING: DATE OF JUDGMENT: 03/09/1989

LEGAL REPRESENTATIVES: RESPONDENT Mr. Craig

JUDGMENT:

HIS HONOUR: The following question of law was referred to me for determination in accordance with s.36(5) of the Land and Environment Court Act, 1979. The question is:-

"Whether wheelchair access for the purpose of Clause 10(3) of State Environmental Planning Policy No. 5 may include a lift as a necessary part of travel between two points."

The question concerns the interpretation of cl.10 of State Environmental Planning Policy No. 5 - Housing for Aged or Disabled Persons (SEPP 5). In particular, cl.10(3) of the Policy provides:-

"(3) The consent authority shall not consent to development for the purpose of housing for aged or disabled persons unless -

(a) not less than 50 per cent of the total number of hostel beds, if any, and not less than 50 per cent of the total number of self-contained dwellings, if any, to which the development application relates, shall incorporate wheelchair access to each of them from the alignment of the road adjoining the proposed development;