Parsanejad v Ku-ring-gai Council [2020] NSWLEC 1130

Land and Environment Court New South Wales

Medium Neutral Citation: Parsanejad v Ku-ring-gai Council [2020] NSWLEC 1130 Hearing dates: 19-20 February 2020 Date of orders: 18 March 2020 Decision date: 18 March 2020 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to DA/0386/18 for demolition of a single storey house, the construction of nine self-contained dwellings over one level of basement carpark under the provisions of State Environmental Planning Policy (Housing for Seniors and People with a Disability) 2004 at 70 Junction Road, Wahroonga (Lot B DP 356612) subject to the conditions in Annexure A. (3) The exhibits are returned with the exception of Exhibits 1, C and L. Catchwords: DEVELOPMENT APPLICATION – New infill seniors housing – whether the development is compatible with the locality – streetscape – whether the development satisfies the design principles – appeal upheld 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 Cases Cited: Goldfields Central Pty Ltd v Ku-ring-gai Council [2019] NSWLEC 1434 GPC No 5 (Wombarra) Pty Ltd v Wollongong City Council (2003) 131 LGERA 383; [2003] NSWLEC 268 Project Venture Developments v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Super Studio v Waverley Council (2004) 133 LGERA 363; [2004] NSWLEC 91 Zammit v Inner West Council [2019] NSWLEC 1074 Texts Cited: Better Placed- An Integrated Design Policy for the Built Environment of NSW' produced by the Government Architect of NSW Ku-ring-gai Development Control Plan Seniors Living Policy: Urban Design Guidelines for Infill Development, Department of Infrastructure, Planning and Natural Resources, 2004 Category: Principal judgment Parties: Ali Parsanejad (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) J P Merlino (Solicitor) (Respondent)