Goldfields Central Pty Ltd v Ku-ring-gai Council [2019] NSWLEC 1434

Goldfields Central Pty Ltd v Ku-ring-gai Council [2019] NSWLEC 1434

The proposal, meeting the relevant standards under SEPP Seniors for density, height, landscaping, and amenity, is compatible with the existing and future character of the locality and should be approved notwithstanding its difference in scale and density, having adequate regard to the policy's aims and principles.

Jurisdiction
Australia
Judgment Date
13 September 2019
Procedural Posture
Appeal / Judgment After Hearing
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'seniors Housing' 'compatibility With Locality' 'state Environmental Planning Policy (housing for Seniors or People With a Disability) 2004' 'floor Space Ratio' 'heritage Impact']
['planning Law' 'environmental Law'] ['development Application' 'seniors Housing' 'compatibility With Locality' 'state Environmental Planning Policy (housing for Seniors or People With a Disability) 2004' 'floor Space Ratio' 'heritage Impact']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the proposal is consistent with the existing and future desired character of the locality' 'Whether the proposal meets the requirements and design principles of SEPP Seniors' 'Whether the proposal satisfies development standards including building height, floor space ratio, parking, and landscaped area']

Ratio Decidendi

The proposal, meeting the relevant standards under SEPP Seniors for density, height, landscaping, and amenity, is compatible with the existing and future character of the locality and should be approved notwithstanding its difference in scale and density, having adequate regard to the policy's aims and principles.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Application No. 0152/18 for the demolition of all existing structures and construction of a seniors housing development at 149, 151 and 153 Livingstone Avenue, Pymble, is approved, subject to the conditions of consent at Annexure A.' 'The exhibits, other than Exhibits 1, B, C...