Armada Avalon Pty Ltd v Northern Beaches Council [2021] NSWLEC 1490

Land and Environment Court New South Wales

Medium Neutral Citation: Armada Avalon Pty Ltd v Northern Beaches Council [2021] NSWLEC 1490 Hearing dates: 29-30 April 2021 and 19-20 July 2021 Date of orders: 26 August 2021 Decision date: 26 August 2021 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to amend the application and rely upon amended plans and other documents at [3] and [7] of this judgment, subject to the Applicant paying the Respondent's costs thrown away as agreed or assessed in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The Applicant's written request to justify the contravention of cl 26(2)(b)(i) of the State Environmental Planning Policy (Housing for Seniors and People with a Disability) 2004 pursuant to cl 4.6 of the Pittwater Local Environmental Plan 2014, is upheld. (3) The appeal is upheld. (4) Development consent for Development Application No. DA2019/1260 for demolition works and construction of a seniors housing development comprising ten (10) self-contained dwellings for seniors or people with a disability and basement parking for twenty resident vehicles and two visitor spaces, site consolidation, and the removal of 45 trees at Nos 27 and 29 North Avalon Road, Avalon is granted, subject to conditions of consent at Annexure A. (5) All Exhibits are returned, except for Exhibits A, B, Q and S. Catchwords: DEVELOPMENT APPLICATION: seniors living housing development – State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 – distance of the site from public transport service exceeds 400m – clause 4.6 written request - location and access to services – solar access Legislation Cited: Environmental Planning and Assessment Act 1979, ss 3.43, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979, s 39 Pittwater Local Environmental Plan 2014 cll 2.3, 4.3, 4.6, 7.1, 7.2, 7.4, 7.10 Roads Act 1993, ss 138, 139 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, cll 2, 26, 28, 29, 30, 31, 33, 35, 50 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Texts Cited: Department of Infrastructure, Planning and Natural Resources, 'Seniors Living Policy: Urban Design Guideline for Infill Development' (2004) Pittwater 21 Development Control Plan Category: Principal judgment Parties: Armada Avalon Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: J Lazarus SC (Applicant) C Gough (Solicitor) (Respondent)