Principal Healthcare Finance Pty Limited v Blacktown City Council [2021] NSWLEC 1247

Land and Environment Court New South Wales

Medium Neutral Citation: Principal Healthcare Finance Pty Limited v Blacktown City Council [2021] NSWLEC 1247 Hearing dates: 2-3 and 25 March 2021 Date of orders: 13 May 2021 Decision date: 13 May 2021 Jurisdiction: Class 1 Before: O'Neill C Decision: See directions at [89] Catchwords: DEVELOPMENT APPLICATION – aged care facility – application made pursuant to State Environmental Planning Policy (Sydney Region Growth Centres) 2006 – as a matter of statutory construction the provisions of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 do not apply to the development – contravention of the height of buildings development standard – streetscape character – amenity Legislation Cited: Civil Procedures Act 2005 Coastal Management Act 2016 Environmental Planning and Assessment Act 1979 ss 1.5, 4.12, 4.15, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 ss 34, 39 State Environmental Planning Policy (Affordable Rental Housing) 2009 cll 7, 10, 20, 21, 26, 27 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 cll 5, 6 State Environmental Planning Policy (Coastal Management) 2018 cll 5, 6, 10 State Environmental Planning Policy (Gosford City Centre) 2018 cll 1.3, 1.8 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 cll 2, 3, 4, 4A, 4B, 10, 15, 26, 40, 48 State Environmental Planning Policy No 33—Hazardous and Offensive Development cll 5, 11 State Environmental Planning Policy No 55—Remediation of Land cll 5, 7 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development cll 4, 5 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Appendix 12 cll 1.3, 4.3, 4.6 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Hastings Point Progress Association Inc v Tweed Shire Council (2008) 160 LGERA 274; [2008] NSWLEC 180 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Mete v Warringah Council (2004) 133 LGERA 420; [2004] NSWLEC 273 Principal Healthcare Finance Pty Ltd v Council of the City of Ryde (2016) 222 LGERA 212; [2016] NSWLEC 153 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Universal Property Group Pty Ltd v Blacktown City Council [2020] NSWCA 106 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Blacktown City Council Growth Centre Precincts Development Control Plan 2010 Category: Principal judgment Parties: Principal Healthcare Finance Pty Limited (Applicant) Blacktown City Council (Respondent) Representation: Counsel: R White (Applicant) L Byrne (Respondent)