Allambie Heights Village Ltd v Northern Beaches Council [2022] NSWLEC 1216

Land and Environment Court New South Wales

Medium Neutral Citation: Allambie Heights Village Ltd v Northern Beaches Council [2022] NSWLEC 1216 Hearing dates: 2 September 2021. Agreed Conditions received 27 October 2021. Date of orders: 21 April 2022 Decision date: 21 April 2022 Jurisdiction: Class 1 Before: Adam AC Decision: The Court orders that: (1) Leave is granted for the Applicant to rely on the amended Development Application filed on 26 August 2021 which became Exhibit A. (2) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment to DA 2020/0552 as agreed or assessed pursuant to s 8.15 (3) of the Environmental Planning and Assessment Act 1979. (3) The Applicant's written request prepared by Planning Ingenuity dated 31 March 2021 pursuant to cl 4.6 of the Warringah Local Environmental Plan 2011 seeking to vary the height of buildings development standard in cl 40 (4) (a) of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 is upheld. (4) The Appeal is upheld. (5) Development consent is granted to DA 2020/0552 for demolition works, and construction of a seniors living development comprising 24 independent living units, a communal building, landscaping and associated works at 181 Allambie Heights Road, subject to the conditions in Annexure A (6) The exhibits are retained with the exception of exhibits C, 2 and 4. Catchwords: DEVELOPMENT APPLICATION – demolition works – construction of a Seniors Living Development – reliance on new plans – cl 4.6 variation in height limit – location of Asset Protection Zones – access to Sydney Water land – impacts on adjacent bushland – effects on aquatic environment and biota of Curl Curl Creek – conditions to address off-site impacts. Legislation Cited: Biodiversity Conservation Act 2016, s 7.13 Biodiversity Conservation Regulation 2017, cl 7.3 Environmental Planning and Assessment Act 1979, ss 1.3, 4.15, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll 55, 64 Fisheries Management Act 1994 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Housing) 2021, Pt 5, Sch 7A, cl 2 State Environmental Planning Policy (Seniors Living) 2004, cl 40 Warringah Local Environmental Plan 2011, cll 4.3, 4.6, Sch 5 Cases Cited: Amazonia Hotels Pty Ltd v Council of the City of Sydney [2014] NSWLEC 1247 Ballina Shire Council v Palm Lake Works Pty Ltd [2020] NSWLEC 41 Cday Electrical Services Pty Ltd v Burwood Council [2016] NSWLEC 1506 Chami v Lane Cove Council [2015] NSWLEC 1003 Hoxton Park Residents Action Group Inc v Liverpool City Council (2011) 81 NSWLR 638; [2011] NSWCA 349 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Jonah Pty Ltd v Pittwater Council (2006) 144 LGERA 408; [2006] NSWLEC 99 Kouflidis v Salisbury City Corporation (1982) 29 SASR 321 Pocket Herbs and Produce Pty Ltd v Tweed Shire Council [2021] NSWLEC 1253 Renaldo Plus 3 Pty Limited v Hurstville City Council [2005] 315 Transport Action Group Against Motorways Inc v Roads & Traffic Authority & Anor (1999) 46 NSWLR 598; [1999] NSWCA 196 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Winter Group Architects Pty Ltd v Ku-ring-gai Council [2005] NSWLEC 546 Category: Principal judgment Parties: Allambie Heights Village Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: P Lalich (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)