Younes v Ku-ring-gai Council [2020] NSWLEC 1093

Land and Environment Court New South Wales

Medium Neutral Citation: Younes v Ku-ring-gai Council [2020] NSWLEC 1093 Hearing dates: 12-13 February 2020 Date of orders: 04 March 2020 Decision date: 04 March 2020 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted for the demolition of existing structures and the construction of a seniors living development comprising 19 residential dwelling units, basement parking and associated landscaping, at 117-121 Merrivale Lane, Turramurra, subject to the conditions of consent in Annexure 'A'. (3) Exhibits 1, 2, 4, 5, 7, K and M are returned. Catchwords: APPEAL – development application – seniors living – whether adequate written evidence of compliance with requirements for access to facilities and services – bus service not available on weekends – whether cl 4.6 request adequate – whether consistent with objectives – issues of site compatibility 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 (Housing for Seniors or People with a Disability) 2004 Uniform Civil Procedure Rules 2005 Cases Cited: Abrams v Council of the City of Sydney [2019] NSWLEC 1583 Australian Nursing Home Foundation Limited v Ku-ring-gai Council [2019] NSWLEC 1205 Brewster Murray Pty Ltd v Northern Beaches Council [2019] NSWLEC 1152 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Palm Lake Works Pty Ltd v Ballina Shire Council [2019] NSWLEC 1479 Principal Healthcare Finance Pty Ltd v Council of the City of Ryde [2016] NSWLEC 153 Texts Cited: Planning for Bush Fire Protection 2006 Category: Principal judgment Parties: Lolita Younes (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: N Eastman (Applicant) J Merlino (Solicitor) (Respondent)