Petesic v Northern Beaches Council [2022] NSWLEC 1261

Land and Environment Court New South Wales

Medium Neutral Citation: Petesic v Northern Beaches Council [2022] NSWLEC 1261 Hearing dates: 6 and 7 April 2022 Date of orders: 30 May 2022 Decision date: 30 May 2022 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) the Applicant's written request prepared by Boston Blyth Fleming pursuant to cl 4.6 of Manly Local Environmental Plan (MLEP) to vary the FSR development standard in cl 4.4 of MLEP is upheld; (2) the Applicant's written request prepared by Boston Blyth Fleming pursuant to cl 4.6 of MLEP to vary the development standard in cl 40(4)(c) of State Environmental Planning Policy (Housing for Seniors and People with a Disability) 2004 (SEPP HSPD), concerning the height in zones where residential flat buildings are not permitted is upheld; (3) the appeal is upheld; (4) Development Application DA2021/0008 for the demolition of the existing structure and construction of a seniors housing development and other related works at 12-14 Ponsonby Parade, Seaforth, is determined by the grant of consent, subject to the conditions set out in Annexure 'A' to this judgment. (5) the exhibits are returned, except exhibits A, D and 1 which are retained Catchwords: DEVELOPMENT APPLICATION – seniors living housing – written requests to vary FSR development standard in MLEP – written request to vary a development standard in cl 40(4)(c) of SEPP HSPD – written requests are well founded – contentions resolved – consideration of objector submissions – Respondent does not oppose grant of consent – conditions agreed. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 8.7(1) Environmental Planning and Assessment Regulation 2000, cl 55, Environmental Planning and Assessment Regulation 2021, Sch 6 Part 1 cl 3, cl 37 Land and Environment Court Act 1979, s 34C Manly Local Environment Plan 2013, cll 2.3, 4.4, 4.6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No. 55 - Remediation of Land, cl 7 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy (Housing) 2021, Sch 7A State Environmental Planning Policy (Housing for Seniors and People with a Disability) 2004, cll 26, 30, 32, 33, 34, 35, 36, 37. 38, 39, 40, 50, Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256;[2018] NSWLEC 118 Jigari Pty Ltd v City of Parramatta Council [2018] NSWLEC 1568 Manderrah Pty Ltd v Woollahra Municipal Council [2013] NSWLEC 1196 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Department of Infrastructure, Planning and Natural Resources, Seniors Living Policy: Urban design guidelines for infill development, 2004 Greater Sydney Commission, North District Plan, 2018 Manly Development Control Plan 2013 Category: Principal judgment Parties: Stephen Petesic (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Seymour (Applicant) S Patterson (Solicitor) (Respondent)