Vigor Master Pty Ltd v Northern Beaches Council [2022] NSWLEC 1558

Land and Environment Court New South Wales

Medium Neutral Citation: Vigor Master Pty Ltd v Northern Beaches Council [2022] NSWLEC 1558 Hearing dates: 20-21 July 2022 Date of orders: 14 October 2022 Decision date: 14 October 2022 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: 1) The appeal is dismissed. 2) Development Application DA2021/0545, which seeks consent for construction of independent living units as housing for older people or people with a disability at 8 Lady Penrhyn Drive Beacon Hill (Lot 806 DP 752038), is refused. 3) The exhibits are returned with the exception of Exhibits 1, A, B and D, which are retained. Catchwords: DEVELOPMENT APPLICATION – housing for 'older people or people with a disability – independent living units – jurisdiction – whether consistent with the desired future character described in the relevant Locality Statement – whether low intensity, low impact uses – neighbour objections Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 39 Standard Instrument (Local Environmental Plans) Order 2006 Warringah Local Environmental Plan 2011, cl 1.3 Warringah Local Environmental Plan 2000, cll 12,14, 18, 29 Cases Cited: Abrams v The Council of the City of Sydney (No 2) [2018] NSWLEC 85 Lipman Properties Pty Ltd v Warringah Council [2010] NSWLEC 1310 Category: Principal judgment Parties: Vigor Master Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: T Robertson SC (Applicant) C Rose (Solicitor) (Respondent)