Koolloos and Hazlett v Northern Beaches Council [2023] NSWLEC 1223

Land and Environment Court New South Wales

Medium Neutral Citation: Koolloos and Hazlett v Northern Beaches Council [2023] NSWLEC 1223 Hearing dates: 5 and 6 April 2023 Date of orders: 11 May 2023 Decision date: 11 May 2023 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) The Applicant's written requests prepared pursuant to cl 4.6 of the Pittwater Local Environmental Plan 2014 to vary the height of buildings development standards in subcll 40(4)(a) and (b) of State Environmental Planning Policy (Housing for Seniors and People with Disability) 2004 are upheld. (2) The appeal is upheld. (3) Development Application DA2021/1963 seeking approval for demolition of two existing dwellings and construction of five three-bedroom seniors living apartments over two semi- connected two storey pavilions, with associated driveway, parking and landscaping, at 10-12 Loquat Valley Road, is determined by way of the grant of consent, subject to the conditions provided at Annexure A. (4) The exhibits are returned, with the exception of Exhibits A and 1. Catchwords: DEVELOPMENT APPLICATION – seniors living development – whether Applicant's written requests under cl 4.6 of Pittwater Local Environmental Plan 2011 to vary the applicable height of buildings development standards is upheld – whether potential flooding impacts are acceptable - whether bulk and scale of Proposed Development would cause adverse impacts on the character of the locality and adjoining properties – consideration of objector submissions. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.3, 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cll 49, 77 Pittwater Local Environmental Plan 2014, cll 1.2, 2.3, 4.3, 4.6, 5.21, 7.6 Roads Act 1993, s 138 State Environmental Planning Policy – Building Sustainability Index (BASIX) 2004 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, Ch 3 cll 15, 18,24, 25, 26, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 50, Sch 3 State Environmental Planning Policy (Housing) 2021, Sch 7A s 2 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, Sch 1 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Texts Cited: Australian Standard AS 2890.1, Parking Facilities – Off Street Parking, 2004 Australian Standard AS 2890.6, Parking facilities, Part 6: Off-street parking for people with disabilities, 2009 NSW Department of Infrastructure, Planning and Natural Resources, Seniors Living Policy: Urban Design Guideline for Infill Development, 2004 Northern Beaches Council, Community Participation Plan, 2019 NSW Department of Planning and the Environment, Planning Circular PS 20-002,5 May 2020 Pittwater 21 Development Control Plan Category: Principal judgment Parties: Vicki Koolloos (First Applicant) Matthew Hazlett (Second Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Staunton (Applicants) N Hammond (Respondent)