Pathways Property Group Pty Ltd v Ku-ring-gai Council [2017] NSWLEC 1486

Land and Environment Court New South Wales

Medium Neutral Citation: Pathways Property Group Pty Ltd v Ku-ring-gai Council [2017] NSWLEC 1486 Hearing dates: 10,11 July 2017 Date of orders: 05 September 2017 Decision date: 05 September 2017 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is upheld. 2. DA0298/16 for alterations and additions to an existing aged care facility known as Abbotsholme Aged Care Facility at 9-19 Greengate Road Killara is approved subject to the conditions in Annexure A. 3. The exhibits are returned with the exception of exhibits 1, A and G. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to an existing aged care facility - excessive overall building height - excessive number of storeys - excessive building height in rear of site - excessive bulk and scale - poor design outcomes - inadequate parking - impact on significance of adjacent heritage item - inadequate landscaping. Legislation Cited: Environmental Planning and Assessment Act 1979 Ku-ring-gai Local Environmental Plan 2015 Ku-ring-gai Planning Scheme Ordinance State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Cases Cited: De Stoop v Ku-ring-gai Council [2010] NSWLEC 1019 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Schaffer Corporation v Hawkesbury City Council (1992) 77 LGRA 21 Veloshin v Randwick Council [2007] NSWLEC 428 Wehbe v Pittwater Council [2007] 156 LGERA 446 Category: Principal judgment Parties: Pathways Property Group Pty Ltd (Applicant) Ku-ring-gai Council .(Respondent) Representation: Counsel: Mr I Hemmings SC with Ms N Hammond (Applicant) Ms M Carpenter, barrister (Respondent)