Pathways Property Group Pty Ltd v Ku-ring-gai Council [2017] NSWLEC 1486

Pathways Property Group Pty Ltd v Ku-ring-gai Council [2017] NSWLEC 1486

The Court upheld the appeal because the proposed alterations and additions were consistent with the R2 zone objectives and the adopted objectives of the relevant height and storey standards, the applicant's cl 4.6 written requests adequately demonstrated that strict compliance was unreasonable or unnecessary and that sufficient environmental planning grounds justified the contraventions, and the remaining amenity, streetscape, urban design and parking concerns were acceptable or capable of being addressed by conditions.

Jurisdiction
Australia
Judgment Date
05 September 2017
Procedural Posture
Class 1 Appeal Concerning Refusal of Development Application Da0298/16 / Principal Judgment and Final Orders
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['clause 4.6 Variation Requests' 'height Development Standards' 'number of Storeys Development Standard' 'residential Care Facility Alterations and Additions' 'urban Design' 'parking' 'amenity Impacts']
['planning and Environment' 'development Consent' 'seniors Housing'] ['clause 4.6 Variation Requests' 'height Development Standards' 'number of Storeys Development Standard' 'residential Care Facility Alterations and Additions' 'urban Design' 'parking' 'amenity Impacts']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning Refusal of Development Application Da0298/16 / Principal Judgment and Final Orders

Legal Issues

  1. 1 ['Whether variations to the 8 metre height standard in cl 40(4)(a) of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 should be supported under cl 4.6.' 'Whether a variation to the number of storeys standard in cl 40(4)(b) of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 should be supported under cl 4.6.' 'Whether a variation to the one storey height standard in the rear 25% area of the site in cl 40(4)(c) of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 should be supported under cl 4.6.' 'Whether the proposal produced unacceptable bulk, scale, streetscape, amenity, urban design, landscaping, heritage or parking impacts.' "Whether DA0298/16 should be approved despite the Council's refusal contentions."]

Ratio Decidendi

The Court upheld the appeal because the proposed alterations and additions were consistent with the R2 zone objectives and the adopted objectives of the relevant height and storey standards, the applicant's cl 4.6 written requests adequately demonstrated that strict compliance was unreasonable or unnecessary and that sufficient environmental planning grounds justified the contraventions, and the remaining amenity, streetscape, urban design and parking concerns were acceptable or capable of being addressed by conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'DA0298/16 for alterations and additions to an existing aged care facility known as Abbotsholme Aged Care Facility at 9-19 Greengate Road Killara is approved subject to the conditions in Annexure A.' 'The exhibits are returned with the exception of exhibits 1, A and G.']