Roseg Pty Ltd v Northern Beaches Council [2023] NSWLEC 1301

Land and Environment Court New South Wales

Medium Neutral Citation: Roseg Pty Ltd v Northern Beaches Council [2023] NSWLEC 1301 Hearing dates: Conciliation Conference held on 31 May 2023 Date of orders: 16 June 2023 Decision date: 16 June 2023 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The appeal is upheld. (2) The written request prepared by Ludvik & Associates Pty Ltd, dated 16 May 2022, prepared pursuant to clause 4.6 of the Warringah Local Environmental Plan 2011 and seeking a variation to the height of buildings located in the rear 25% area of the site not exceeding one storey standard, pursuant to clause 40(4)(c) of the State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, is upheld. (3) Development Application No DA2020/0563 seeking demolition of existing structures, vegetation removal and construction of a seniors housing development comprising 16 dwellings with parking, consolidation of two lots and extinguishment of redundant rights of carriageway on land at Lots 11 and 10 in Deposited Plan 565686, also known as 16 and 18 Ralston Avenue, Belrose is determined by grant of consent, subject to the conditions set out in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – seniors housing – flood management – breach in height development standard – cl 4.6 request for variation of standard – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cll 49, 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, cll 4, 5, 10, 13, 16, 40 State Environmental Planning Policy (Housing) 2021, Sch 7A, s 2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Warringah Local Environmental Plan 2011, cll 2.3, 4.3, 4.6, 5.21 Texts Cited: Northern Beaches Community Consultation Plan Warringah Development Control Plan 2011 Category: Principal judgment Parties: Roseg Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Staunton (Applicant) J Simpson (Solicitor) (Respondent)