BPG Holdings (No. 5) Pty Limited v Northern Beaches Council [2021] NSWLEC 1357

Land and Environment Court New South Wales

Medium Neutral Citation: BPG Holdings (No. 5) Pty Limited v Northern Beaches Council [2021] NSWLEC 1357 Hearing dates: Conciliation conference on 25 May, 31 May and 8 June 2021 Date of orders: 18 June 2021 Decision date: 18 June 2021 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders that: (1) The Applicant is granted leave to amend development application DA2020/1172 to rely upon the plans referred to in condition 1 of Annexure A. (1A) The applicant is to pay the respondent's costs thrown away as a result of the amendment of the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $3,000. (2) The appeal is upheld. (3) Development consent is granted to development application DA2020/1172 for the demolition of existing structures and construction of a seniors housing development to accommodate 6 units including associated car parking and landscape works on Lot 42 Section 2 DP 4689 known as 54 Bardo Road Newport subject to the conditions of consent set out in Annexure A. Catchwords: APPEAL – development application – seniors housing – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.10 Environmental Planning and Assessment Regulation 2000, cll 49, 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy No 55— Remediation of Land State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, cll 15, 16, 26, 27, 28, 30, 31, 32, 40, 41 State Environmental Planning Policy (Infrastructure) 2007, cl 45 Pittwater Local Environmental Plan 2014, cll 4.3, 7.1, 7.2, 7.6, 7.10 Texts Cited: Seniors Living Policy: Urban Design Guideline for Infill Development - Department of Infrastructure, Planning and Natural Resources (March 2004) Category: Principal judgment Parties: BPG Holdings (No. 5) Pty Ltd ACN 57284295198 (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) A Gough (Solicitor) (Respondent)