CL Junction Pty Ltd v Ku-ring-gai Council [2020] NSWLEC 1123

Land and Environment Court New South Wales

Medium Neutral Citation: CL Junction Pty Ltd v Ku-ring-gai Council [2020] NSWLEC 1123 Hearing dates: Conciliation conference on 12 March 2020 Date of orders: 12 March 2020 Decision date: 12 March 2020 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The applicant is granted leave to amend their development application in accordance with the plans referred to in Condition 1 of Annexure "A". (2) The applicant is to pay the respondent's costs arising pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (3) The appeal is upheld. (4) Development Application No. DA0489/18 for demolition of the existing dwelling and ancillary structures, and construction of eight self-contained single level dwellings with basement carpark under State Environmental Planning Policy (Housing for Seniors and People with a Disability) 2004 is approved subject to the conditions set out in Annexure "A". Catchwords: APPEAL – development application – seniors living – conciliation conference – agreement reached – orders in accordance with agreement Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 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 State Environmental Planning Policy No 55 – Remediation of Land Category: Principal judgment Parties: CL Junction Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) J P Merlino (Solicitor) (Respondent)