Court finds Seniors Living permissible on sites mapped with Biodiversity in Ku-ring-gai Council
Today a favourable judgement was handed down by Justice Robson of the Land & environment Court on one of our projects Rosewood vs Ku-ring-gai. We had a development application for Seniors Living Development which was mapped as biodiversity under Ku-ring-gai Councils LEP 2015 and we have had numerous similar development approved and built, however Ku-ring-gai Council tried a new tactic to stop this state government policy from being permissible in the majority of their council area by trying to argue that it was not permissible due to the wording of the schedule 1 of the State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 .
Schedule 1 Environmentally sensitive land prohibits the application of the SEPP on sites which are considered environmentally sensitive. Thankfully Justice Robson found in our favour. You can read the full judgement here
https://www.dropbox.com/s/t5kbjkp96tuknpu/Judgment%20-%20Rosewood%20v%20Ku-ring-gai%20%283%29.pdf?dl=0
This case had wide ramifications for many development sites in Ku-ring-gai Council area. One only has to look at the image below to see the extent green shaded areas which would be prohibited within the Ku-ring-gai area if we were note successful:
