Goldfields Central Pty Ltd v Ku-ring-gai Council [2019] NSWLEC 1434

Land and Environment Court New South Wales

Medium Neutral Citation: Goldfields Central Pty Ltd v Ku-ring-gai Council [2019] NSWLEC 1434 Hearing dates: 19-20 August 2019; 10 September 2019 Date of orders: 13 September 2019 Decision date: 13 September 2019 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No. 0152/18 for the demolition of all existing structures and construction of a seniors housing development at 149, 151 and 153 Livingstone Avenue, Pymble, is approved, subject to the conditions of consent at Annexure A. (3) The exhibits, other than Exhibits 1, B, C and L, are returned. Catchwords: DEVELOPMENT APPLICATION – seniors housing development – whether the proposal is consistent with the existing and future desired character of the locality Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Heritage Act 1977 Ku-ring-gai Local Environmental Plan 2015 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 Cases Cited: Project Ventures Developments Pty Ltd v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Texts Cited: Department of Infrastructure, Planning and Natural Resources, Seniors Living Policy: Urban design Guidelines for Infill Development (March 2004) Category: Principal judgment Parties: Goldfields Central Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: C McEwen SC (Applicant) R O'Gorman-Hughes (Respondent)