Saha Builders Pty Ltd v Ku-ring-gai Council [2019] NSWLEC 1497

Land and Environment Court New South Wales

Medium Neutral Citation: Saha Builders Pty Ltd v Ku-ring-gai Council [2019] NSWLEC 1497 Hearing dates: 14-15 October 2019 Date of orders: 22 October 2019 Decision date: 22 October 2019 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders: (1) The appeal is dismissed. (2) Development Application No. 0208/18 for the demolition of existing structures and construction of a multi dwelling seniors' housing development consisting of 7 two-storey attached dwellings with basement car parking and associated works is refused. (3) The Exhibits, other than Exhibits 1, A, B, D and K, are returned. Catchwords: DEVELOPMENT APPLICATION – seniors housing development – calculation of the rear 25% setback on an irregularly shaped parcel of land – whether the built form of the proposal maintains reasonable neighbourhood amenity and appropriate residential character Legislation Cited: Environmental Planning and Assessment Act 1979 Interpretation Act 1987 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: Nanevski Pty Limited v Rockdale City Council [2010] NSWLEC 1008 Texts Cited: Ku-ring-gai Development Control Plan Practice Note – Class 1 Development Appeals Category: Principal judgment Parties: Saha Builders Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: J Farrell (Applicant) R O'Gorman-Hughes (Respondent)