BPG Holdings (NSW) Pty Ltd v Northern Beaches Council [2024] NSWLEC 1046

Land and Environment Court New South Wales

Medium Neutral Citation: BPG Holdings (NSW) Pty Ltd v Northern Beaches Council [2024] NSWLEC 1046 Hearing dates: Conciliation Conference on 20 October, 20 December 2023 Date of orders: 14 February 2024 Decision date: 14 February 2024 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders that: (1) The appeal is upheld. (2) The Applicant is to pay Respondent's costs in the agreed amount of $10,000 payable within 21 days of the date of these orders as a result of the amendment in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979. (3) Development application DA2023/0045, as amended, for the demolition of existing structures and excavation and groundworks and construction of 3 storey seniors living development comprising 6 self-contained independent living units across 2 buildings including single basement level carparking and associated landscaping and civil works at 36 Bardo Road, Newport, is determined by grant of consent, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – seniors living development – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Pittwater Local Environmental Plan 2014 Environmental Planning and Assessment Regulation 2021 State Environmental Planning Policy (Housing) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy (Sustainable Buildings) 2022 State Environmental Planning Policy (Transport and Infrastructure) 2021 Texts Cited: Department of Infrastructure, Planning and Natural Resources, Seniors Living Policy: Urban Design Guideline for Infill Development, March 2004 Northern Beaches Community Participation Plan 2019 Category: Principal judgment Parties: BPG Holdings (NSW) Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) C Gough (Solicitor) (Respondent)