NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Beacon Hill Retirement Pty Limited v Warringah Council [2010] NSWLEC 1011
APPLICANT Beacon Hill Retirement Pty Limited PARTIES : RESPONDENT Warringah Council
FILE NUMBER(S) : 10322 of 2009
CORAM: Hussey C
KEY ISSUES: DEVELOPMENT APPLICATION :- Seniors Living development; site suitability, strategic planning; visual impact; ecological impacts, public interest.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy (HSPD) Warringah Local Environmental Plan 2000 Draft WLEP 2000
Gillespies v Warringah Council [2002] 124 LGERA CASES CITED: Retirement by Design v Warringah [2007] 153 LGERA 372 Mete v Warringah Council [2004] 133 LGERA 420
DATES OF HEARING: 19-20, 22 October 2009
DATE OF JUDGMENT: 19 January 2010
APPLICANT Mr A Galasso (SC) SOLICITOR Carroll & O'Dea Lawyers LEGAL REPRESENTATIVES:
RESPONDENT Mr J Robson (SC) SOLICITOR Wilshire Webb Staunton Beattie
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
19 January 2010
10322 of 2009. Beacon Hill Retirement Pty Limited v Warringah Council
JUDGMENT Background. 1 This appeal is against council's deemed refusal of an integrated development application for the construction of a 66 – unit retirement village under the provisions of State Environmental Planning Policy (Housing for Seniors and a Disability) 2004 (SEPP – HSPD). The proposed development is to be located at 70A Willandra Road, Narraweena. 2 A number of contentions were raised, which are summarised as follows: Suitability of the site in terms of strategic planning considerations and the scale of the proposed development, in terms the intensity of use and environmental impacts concerning the extent of modification of the natural landform. Visual impacts, Ecological impacts in terms of the effect on the threatened species of Rosenburg's goanna (Heath monitor) and the Southern Brown Bandicoot (SBB). Public interest matters.
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