MACOL Investment Holdings Pty Ltd v Ku-ring-gai Council [2026] NSWLEC 1292
Before: Horton C · NSW Land and Environment Court
Summary
DEVELOPMENT APPLICATION: housing for seniors and people with a disability in R2 Low Density Residential zone – conciliation conference – agreement between parties – orders
Catchwords
DEVELOPMENT APPLICATION: housing for seniors and people with a disability in R2 Low Density Residential zone – conciliation conference – agreement between parties – orders
Outcome
The Court orders that: (1) The Applicant is to pay the Respondent’s costs thrown away as a result of the amending of development application eDA0184/25 pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) in the sum of $38,000 within 28 days of the Court’s orders. (2) The appeal is upheld. (3) Development consent is granted to development application eDA0184/25 for demolition of existing structures and the construction of 10 independent living units as in-fill self-care housing with basement parking and associated works including tree removal, landscaping and stormwater works at 11 Jefferson Avenue, St Ives subject to the conditions set out in Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 1.3, 4.16, 8.7, 8.15 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021, s 38 Ku-ring-gai Local Environmental Plan 2015, cll 4.3, 4.4, 4.6, 5.21, 6.1, 6.2, 6.5, State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.6, 6.7, 6.8, 6.9, 6.10 State Environmental Planning Policy (Housing) 2021, ss 79, 81, 84, 85, 88, 93, 95, 96, 97, 108, Sch 4, Sch 8, Ch 3, Pt 5 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1
Read the full judgment
Authoritative text on NSW Caselaw · ~36k words
Related decisions
Zhang v Ku-ring-gai Council [2026] NSWLEC 1222
Ku-ring-gai Council · 24 April 2026
Lanevick Pty Ltd v Ku-ring-gai Council [2026] NSWLEC 1358
Ku-ring-gai Council · 18 June 2026
Zou v Ku-ring-gai Council [2026] NSWLEC 1274
Ku-ring-gai Council · 14 May 2026
Haidari v Ku-ring-gai Council [2026] NSWLEC 1259
Ku-ring-gai Council · 08 May 2026
AHG Homebush Pty Ltd v Ku-ring-gai Council [2026] NSWLEC 1248
Ku-ring-gai Council · 07 May 2026
Place Studio Au Pty Ltd v Ku-ring-gai Council [2026] NSWLEC 1336
Ku-ring-gai Council · 05 June 2026