Thomson v Northern Beaches Council [2021] NSWLEC 1763

Land and Environment Court New South Wales

Medium Neutral Citation: Thomson v Northern Beaches Council [2021] NSWLEC 1763 Hearing dates: Conciliation conference 7 December 2021 Date of orders: 15 December 2021 Decision date: 15 December 2021 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The request pursuant to clause 4.6 of the Pittwater Local Environmental Plan 2014 to vary the development standard in clause 40(4)(c) in State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 is upheld. (2) The Appeal is upheld. (3) Development Application DA2020/1162 for the construction of a seniors housing development to accommodate three (3) self-contained dwellings, including associated basement level car parking, landscaping and associated works on land legally described as Lot 33 in in DP11462 known as 27 Bellevue Road, Avalon is approved subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Pittwater Local Environmental Plan 2014, cll 2.3, 4.6, 7.1, 7.2, 7.7, 7.10 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, cll 13, 26-32, 40 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 Cases Cited: (Ku-ring-gai Council v Pathways Property Groups Pty Ltd [2018] NSWLEC 73 Wehbe v Pittwater Council [2007] NSWLEC 827 Winter Group Architects P/L v Ku-ring-gai C [2005] NSWLEC 546 Texts Cited: NSW Department of Infrastructure, Planning and Natural Resources, Seniors Living Policy: Urban Design Guideline for Infill Development, (March 2004) Pittwater 21 Development Control Plan Category: Principal judgment Parties: Stephen Thompson (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: J Farrell (Applicant) A Gough (Solicitor) (Respondent)