O’Mahoney v Ku-ring-gai Council [2019] NSWLEC 1570

Land and Environment Court New South Wales

Medium Neutral Citation: O'Mahoney v Ku-ring-gai Council [2019] NSWLEC 1570 Hearing dates: Conciliation conference 15 November 2019 Date of orders: 22 November 2019 Decision date: 22 November 2019 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders: (1) The Applicant is granted leave to amend Development Application DA0559/2017 and to rely upon the amended plans and documents listed in Condition 1 of Annexure "A" hereto. (2) The Applicant is to pay the Respondent's costs pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $2,500.00 within 14 days of the date of these orders. (3) The appeal is upheld. (4) Development consent for Development Application DA0559/17 for the demolition of existing dwelling, swimming pool, tennis court & outbuilding and construction of a seniors living development comprising ten (10) x 3 bedroom dwellings and a basement carpark at 273 Mona Vale Road, St Ives NSW 2075 is granted subject to the conditions of consent annexed hereto and marked "A". Catchwords: DEVELOPMENT APPEAL: seniors living – housing for seniors and people with a disability – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979 Ku-ring-gai Local Environmental Plan 2015 Land and Environment Court Act 1979 Roads Act 1993 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 Category: Principal judgment Parties: Maureen O'Mahoney (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: S Kondilios (Solicitor) (Applicant) A Hudson (Solicitor) (Respondent)