Pymble Villas Pty Ltd v Ku-ring-gai Council [2018] NSWLEC 1586

Land and Environment Court New South Wales

Medium Neutral Citation: Pymble Villas Pty Ltd v Ku-ring-gai Council [2018] NSWLEC 1586 Hearing dates: 6-8 November 2018 Date of orders: 14 November 2018 Decision date: 14 November 2018 Jurisdiction: Class 1 Before: O'Neill C and Horton C Decision: (1) Leave is granted to the applicant to amend the application for development consent, by relying on the information and the amended plans in Exhibits U, V and X, subject to the applicant paying those costs of the respondent thrown away as a result of the amendment of the application, as agreed or assessed. (2) The appeal is dismissed. (3) Development Application No. 0402/17 for a seniors housing development of 14 self-contained dwellings at 102 and 104 Bannockburn Road, 2 Reely Street, Pymble and 83 Bobbin Head Road, Turramurra, is refused. (4) The exhibits, other than Exhibits 1, 11, A, U, V and X, are returned. Catchwords: DEVELOPMENT APPLICATION: seniors housing development – whether the development standards contained in the State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 are capable of variation by way of clause 4.6 of the Ku-ring-gai Local Environmental Plan 2015 – non-compliance with development standards in the State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 Legislation Cited: Environmental Planning and Assessment Act 1979 Ku-ring-gai Local Environmental Plan 2015 Land and Environment Court Act 1979 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action v Woollahra Municipal Council [2018] NSWLEC 118 Ku-ring-gai Council v Pathways Property Group Pty Ltd [2018] NSWLEC 73 Wehbe v Pittwater Council (2007) 156 LGERA 446 Texts Cited: Ku-ring-gai Development Control Plan Seniors Living Policy: Urban Design Guideline for Infill Development Category: Principal judgment Parties: Pymble Villas Pty Ltd (Applicant) Ku-ring-gai Municipal Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) Dr J Smith (Respondent)