BPG Holdings (NSW) Pty Limited v Northern Beaches Council [2021] NSWLEC 1503

Land and Environment Court New South Wales

Medium Neutral Citation: BPG Holdings (NSW) Pty Limited v Northern Beaches Council [2021] NSWLEC 1503 Hearing dates: Conciliation conference held on 23 August 2021 Date of orders: 02 September 2021 Decision date: 02 September 2021 Jurisdiction: Class 1 Before: Morris AC Decision: The Court orders: (1) The Appeal is upheld. (2) Development Application DA2020/0502 for demolition of existing structures and construction of a seniors housing development to accommodate twelve (12) self-contained dwellings, including associated basement level car parking and landscape works on land legally described as Lots 33 & 34 in Section 2 in DP4689 known as 34-36 Bardo Road, Newport is approved subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – seniors housing – access to services – clause 4.6 objection – conciliation conference – agreement between the parties Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.14, 8.8(1) Environmental Planning and Assessment Regulation 2000 cl 50 Land and Environment Court Act 1979 s 34 Pittwater Local Environmental Plan 2014 cll 2.3, 5.10, 7.1, 7.2, 7.6, 7.10 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 cll 4, 26, 29, 30, 31, 32, 40, 41, 50 State Environmental Planning Policy No 55—Remediation of Land Texts Cited: Land and Environment Court, COVID-19 Pandemic Arrangements Policy (April 2021) Seniors Living Policy: Urban Design Guideline for Infill Development Category: Principal judgment Parties: BPG Holdings Pty Limited (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) A Gough (Solicitor) (Respondent)