CL Westbrook Pty Ltd v Ku-ring-gai Council [2019] NSWLEC 1357

Land and Environment Court New South Wales

Medium Neutral Citation: CL Westbrook Pty Ltd v Ku-ring-gai Council [2019] NSWLEC 1357 Hearing dates: Conciliation conference on 26 July 2019 Date of orders: 30 July 2019 Decision date: 30 July 2019 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders: (1) Leave is granted for the Applicant to rely on amended BASIX Certification No. 850557M_02 dated 22 June 2019. (2) The appeal is upheld; (3) Development consent is granted for Development Application DA0379/17 for demolition of existing dwelling and construction of 7 new dwellings and basement carpark under Seniors Living SEPP at 33 Westbrook Avenue, Wahroonga, subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – seniors living – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000. 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 State Environmental Planning Policy No 55 – Remediation of Land Cases Cited: Rosewood Australia Pty Ltd v Ku-ring-gai Council [2019] NSWLEC 84 Australian Nursing Home Foundation Ltd v Ku-ring-gai Council [2019] NSWLEC 1205 Category: Principal judgment Parties: CL Westbrook Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Solicitors: C Montague, Hall and Wilcox (Applicant) C Campbell, Sparke Helmore (Respondent) File Number(s): 2018/196869 Publication restriction: No