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:

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State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004; Ku-ring-gai Council

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The property address is 85 & 85a Braeside St Wahroonga.

http://chadwickrealestate.com.au/5904312/1-7-85-Braeside-Street-Wahroonga

The project was completed by renowned builders Dreambuild who have a track record of delivering quality residential projects.

http://www.dreambuild.com.au/

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McCullum Ashby Architects has some exciting news to share. On Tuesday 27^th October our development application for 34 – 40 Clissold Rd, Wahroonga was unanimously approved at a Ku-ring-gai Council meeting. The application was for nine luxury homes was made under the State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004  (Formerly SEPP 5). The seniors living policy for urban design guidelines for infill development was used as a guide document in preparing the submission.   

Clissold Rd is a picturesque location with large homes running along a suburban road. Neighbouring the lot is a quaint two story residence and a modern townhouse development with a large family home opposite. The residents of this development will enjoy the peaceful setting of the neighbourhood. The existing buildings are to be demolished to allow the construction of the nine new dwellings. The dwellings are a mix of 3 and 4 bedroom townhouses with single and double storey set on their own parcel of land.  The original site area was 4,200sqm with a 30m frontage and we achieved a proposed gross floor area of 2,034sqm or 0.47:1. One of the conditions of the approval included minor extension to the street footpath to link the site up with a bus stop.

McCullum Ashby Architects have chosen a contemporary masonry and timber clad façade. Each home opens up to private courtyards drenched in northern sun.

Seniors Living SEPP developments are possible in many locations within existing Low Density R2 zoned areas subject to site related requirements  together with several other controls about site area and frontage etc. Please call us to discuss if it is possible with your block of land.

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Each home is fully accessible from the street and all ground floor rooms and facilities are designed to suit people with a disability as required in the Housing for Seniors or People with a Disability SEPP.    All of the six townhouses feature:

• Two separate levels
• Two bedrooms
• Kitchen
• Bathroom
• Laundry
• A descent sized private open space.

The development is serviced by a central driveway, 8 space carpark and incorporates disabled access ramps servicing each house into the design.

This development presented a multitude of challenges; most notably providing the accessibility necessary on a sloping site.   The design achieves an outcome that will be simple to build with all three buildings sharing 95% commonality in their design while the on ground carpark will be far cheaper to build than a costly underground carpark.

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