Trustees of the Sisters of the Good Samaritan v Warringah Council [2011] NSWLEC 1181

Land and Environment Court New South Wales

Medium Neutral Citation: Trustees of the Sisters of the Good Samaritan v Warringah Council [2011] NSWLEC 1181 Hearing dates: 30, 31 May, 1, and 3 June 2011 Decision date: 30 June 2011 Jurisdiction: Class 1 Before: Brown C Morris C Decision: 1. The appeal is dismissed. 2. Development Application No 2010/1494 for the construction of a Seniors Living Development made pursuant to State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 (SEPP 2004) at Lots 808, 809, 812, 813 and 817 DP 752038 No. 70A Willandra Road, Narraweena is refused. 3. The exhibits, other than exhibits E, H and O are returned. Catchwords: DEVELOPMENT APPLICATION - housing for seniors or people with a disability - whether SEPP 2004 applies to the development - weight to be given to draft LEP - whether consistent with the desired future character of locality - visual impact - whether adequate riparian setback provided - stormwater quality Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 Threatened Species Conservation Act 1995 Warringah Local Environmental Plan 2000 Draft Warringah Local Environmental Plan 2009 Cases Cited: ACN 115 840 509 Pty Ltd v Kiama Municipal Council [2006] NSWLEC 151 Blackmore Design Group Pty Ltd v North Sydney Council [2001] NSWLEC 279 Cameron v Nambucca Council (1997) 95 LGERA 268 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) NSWCA 289 Category: Principal judgment Parties: Trustees of the Sisters of the Good Samaritan (Applicant) Warringah Council (Respondent) Representation: Counsel Mr A Galasso SC (Applicant) Mr I Hemmings (Respondent) Solicitors Gadens Lawyers (Applicant) Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 11053 of 2010