Arcare Pty Ltd v Ku-ring-gai Council [2019] NSWLEC 1638

Land and Environment Court New South Wales

Medium Neutral Citation: Arcare Pty Ltd v Ku-ring-gai Council [2019] NSWLEC 1638 Hearing dates: Conciliation conference on 31 October 2019; 20 December 2019 Date of orders: 20 December 2019 Decision date: 20 December 2019 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders: (1) The Applicant is granted leave to amend Development Application No. DA0319/18 to rely on the amended plans to in Condition 1 of Annexure 'A'. (2) The Applicant is to pay the Respondent the sum of $2,000 within seven days of this agreement, for costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (3) The Appeal is upheld. (4) Development Application No. DA0319/18 for lot consolidation, demolition, tree removal and the construction comprising 125 beds, basement parking, landscaping and associated works on land at 97-103 Killeaton Street and 265-269 Mona Vale Road, St Ives is approved, subject to conditions set out in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – residential aged care facility – 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 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 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: Arcare Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: F Rourke (Solicitor) (Applicant) C Shaw (Solicitor) (Respondent)