BPG Holdings (No. 5) Pty Limited v Northern Beaches Council [2022] NSWLEC 1220

Land and Environment Court New South Wales

Medium Neutral Citation: BPG Holdings (No. 5) Pty Limited v Northern Beaches Council [2022] NSWLEC 1220 Hearing dates: Conciliation conference on 27 April 2022 Date of orders: 27 April 2022 Decision date: 27 April 2022 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The application is granted. (2) Pursuant to section 4.55(8) of the Environmental Planning and Assessment Act 1979, Modification application No. MOD2021/0873 for amendments to the footprint and setbacks of units G03 and G04, the roof form of the development and the replacement of the pedestrian refuge island with kerb ramps at 54 Bardo Road, Newport in the terms set out in Annexure A is approved. (3) The terms of the consolidated Development Consent No, DA2020/1172 are set out in Annexure B. Catchwords: MODIFICATION APPLICATION – application to the Court to modify a Court-granted consent for seniors living – conciliation conference – agreement reached Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.55 Environmental Planning and Assessment Regulation 2000, cl 121B Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 State Environmental Planning Policy (Housing) 2021, Sch 7A cl 2 Cases Cited: BPG Holdings (No. 5) Pty Limited v Northern Beaches Council [2021] NSWLEC 1357 Category: Principal judgment Parties: BPG Holdings (No. 5) Pty Limited (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: H Macfarlane (Solicitor) (Applicant) A Gough (Solicitor) (Respondent)