King 9 International Pty Ltd v Ku-ring-gai Council [2020] NSWLEC 1273

King 9 International Pty Ltd v Ku-ring-gai Council [2020] NSWLEC 1273

The parties' agreed decision was one the Court could make because the amended proposal satisfied the relevant jurisdictional prerequisites under SEPP Seniors and LEP 2015, including access to required facilities, compatibility with surrounding land uses, and consistency with the Seniors Living Policy design objectives; accordingly, consent could be granted under s 4.16 of the EPA Act and the proceedings disposed of under s 34(3) of the LEC Act.

Jurisdiction
Australia
Judgment Date
30 June 2020
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. 247/18 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Parties Reached Agreement and Orders Made
Outcome
Appeal upheld; development application approved subject to conditions of consent at Annexure A.
Legal Topics
['development Application' 'seniors Living Development' 'conciliation Conference' 'sepp Seniors' 'ku Ring Gai Local Environmental Plan 2015']
['planning and Environment' 'development Consent'] ['development Application' 'seniors Living Development' 'conciliation Conference' 'sepp Seniors' 'ku Ring Gai Local Environmental Plan 2015']

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. 247/18 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Parties Reached Agreement and Orders Made

Legal Issues

  1. 1 ["Whether the Court could grant consent to the amended development application in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether jurisdictional prerequisites under State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 and Ku-ring-gai Local Environmental Plan 2015 were satisfied.' 'Whether the proposed in-fill self-care housing was compatible with surrounding land uses and met relevant access, design and planning requirements.']

Ratio Decidendi

The parties' agreed decision was one the Court could make because the amended proposal satisfied the relevant jurisdictional prerequisites under SEPP Seniors and LEP 2015, including access to required facilities, compatibility with surrounding land uses, and consistency with the Seniors Living Policy design objectives; accordingly, consent could be granted under s 4.16 of the EPA Act and the proceedings disposed of under s 34(3) of the LEC Act.

Court Disposition

Appeal upheld; development application approved subject to conditions of consent at Annexure A.

Orders

  • ['The appeal is upheld.' 'Development Application No. 247/18 for the demolition of existing structures and the construction of a seniors living development comprising 5 units, basement car parking and associated works at Lot 23 of Deposited Plan 15578, known as 1 Carbeen Avenue, St Ives, is approved, subject to the...