Maybrook Manor Pty Limited v Warringah Council [2008] NSWLEC 1160

Land and Environment Court of New South Wales

CITATION : Maybrook Manor Pty Limited v Warringah Council [2008] NSWLEC 1160

APPLICANT Maybrook Manor Pty Limited PARTIES : RESPONDENT Warringah Council

FILE NUMBER(S) : 10460 of 2007

CORAM: Hoffman C

KEY ISSUES: Development Application :- Stage 3.2 of a retirement village, loss of view, carparking, traffic, additional population, endangered species, flora and fauna, easement, Crown Land and landscaping, bushfire protection.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Local Government Act 1993 Rivers and Foreshore Improvement Act Rural Fires Act

DATES OF HEARING: 03/04/2008 and 04/04/2008

DATE OF JUDGMENT: 4 April 2008

APPLICANT Mr N. Hemmings, QC instructed by L Mauger of Allens Arthur Robinson LEGAL REPRESENTATIVES:

RESPONDENT Mr N. Howie, solicitor of Wilshire Webb Staunton Beattie

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

4 April 2008

10460 of 2007 Maybrook Manor Pty Limited v Warringah Council

JUDGMENT 1 This is a Class 1 Appeal No. 10460/07 between Maybrook Manor Pty Limited and Warringah Council in regard to the refusal of DA 2005/0321 for stage 3.2 of a retirement village at No. 6 Jersey place, Cromer. The terms of the refusal were, in summary: (a) The refusal of the Rural Fire Service to issue general terms of approval under the Rural Fires Act ; (b) The refusal of the Department of Natural Resources to issue general terms of approval under the Rivers and Foreshores Improvement Act . I note that the latter Act has been superseded by later legislation which the parties accept apply to this appeal; (c) Council had not issued owners consent for work in a public reserve adjoining the site for a bushfire asset protection zone and that such buffers are preferred to be entirely within the subject property, not on adjoining land; (d) The provision of an asset protection zone in the public reserve would involved clearing of bushland adjacent Wheeler Creek.