HMR Developments Pty Ltd v Ku-ring-gai Council [2020] NSWLEC 1001

Land and Environment Court New South Wales

Medium Neutral Citation: HMR Developments Pty Ltd v Ku-ring-gai Council [2020] NSWLEC 1001 Hearing dates: Conciliation conference on 20 December 2019 Date of orders: 07 January 2020 Decision date: 07 January 2020 Jurisdiction: Class 1 Before: Dickson 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 judgment. (2) The written request made, pursuant to clause 4.6 of the Ku-ring-gai Local Environmental Plan 2015, to vary the requirements of the building height located in the rear 25% area of the site in accordance with clause 40(4)(c) of State Environmental Planning Policy (Housing for Seniors and People with a Disability) 2004 is upheld. (3) The appeal is upheld. (4) Development Application DA 0263/18 for the demolition of existing structures and construction of a seniors living development at 14-18 Kitchener Street, St Ives, NSW is approved subject to the conditions set out in Annexure A to this judgment. Catchwords: DEVELOPMENT APPLICATION – seniors living development – 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: HMR Developments Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: D Tyrrell (Solicitor) (Applicant) C Drury (Solicitor) (Respondent)