Armada Avalon Pty Ltd v Northern Beaches Council (No 3) [2024] NSWLEC 1387

Land and Environment Court New South Wales

Medium Neutral Citation: Armada Avalon Pty Ltd v Northern Beaches Council (No 3) [2024] NSWLEC 1387 Hearing dates: 29 April 2024 Date of orders: 09 July 2024 Decision date: 09 July 2024 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders that: (1) The appeal is allowed and modification application No. MOD2023/0276 granted; (2) Development consent No. DA2019/1260 as modified by the Court is subject to the consolidated modified conditions set out in Annexure A. Catchwords: APPEAL – MODIFICATION - application direct to Court – Court ordered consent for seniors housing development – access to public services - whether Keoride satisfies requirement – whether Keoride a public transport service - whether modified development substantially the same Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, Land and Environment Court Act 1979, s 17 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, cll 15, 26 State Environmental Planning Policy (Housing) 2021, Sch 7A Cases Cited: Armada Avalon Pty Ltd v Northern Beaches Council [2021] NSWLEC 1490 Armada Avalon Pty Ltd v Northern Beaches Council [2022] NSWLEC 1573 Canterbury-Bankstown Council v Realize Architecture Pty Ltd [2024] NSWLEC 31 Mona Vale Holdings (NSW) Pty Ltd v Northern Beaches Council [2022] NSWLEC 1399 Category: Principal judgment Parties: Armada Avalon Pty Ltd ABN 59607760494 (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: J Lazarus SC (barrister) (Applicant) C Gough (solicitor) (Respondent)