Azalea Gardens Pty Ltd v Ku-ring-gai Council [2019] NSWLEC 1398

Land and Environment Court New South Wales

Medium Neutral Citation: Azalea Gardens Pty Ltd v Ku-ring-gai Council [2019] NSWLEC 1398 Hearing dates: Conciliation conference on 31 May 2019 Date of orders: 27 August 2019 Decision date: 27 August 2019 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The applicant is granted leave to amend the development application and rely on the amended plans referred to in Condition 1 of Annexure "A" to this agreement. (2) The applicant is to pay the respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (3) The Appeal is upheld. (4) Development Application DA0225/18 for the demolition of existing structures and construction of 7 self-contained dwellings with basement parking – SEPP (Housing for Seniors or People with a Disability) 2004 at 21 Clissold Road, Wahroonga, NSW is approved subject to the conditions set out in Annexure "A" to this agreement. 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 Category: Principal judgment Parties: Azalea Gardens Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel G McKees (Solicitor)(Applicant) C Shaw (Solicitor)(Respondent)