Cranbrook Care RACF Pty Limited v City of Canada Bay Council [2014] NSWLEC 1232

Land and Environment Court New South Wales

Medium Neutral Citation: Cranbrook Care RACF Pty Limited v City of Canada Bay Council [2014] NSWLEC 1232 Hearing dates: 11, 12 August 2014 Decision date: 21 August 2014 Jurisdiction: Class 1 Before: Dixon C Decision: (1)The appeal is upheld. (2)Development application number 197/2013 seeking approval of the residential aged care facility at 65-71 St Albans Street Abbotsford (lots 34, 35, 36 and 37 in DP 5186) is approved, subject to the conditions set out in annexures A and B. (3)The variation under State Environmental Planning Policy No 1 Development Standards and cl 4.6 of the Canada Bay Local Environmental Plan 2013 is upheld in relation to: (a)the variation in the 8 m height development standard under cl 40(4)(a) of the State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004; and (b)the variation to the two-storey height development standard under cl 40(4)(b) of the State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004. (4)Each party pay its own costs. (5)The Court notes that the order made on 10 April 2014 that the applicant pay the respondent's s 97B costs, as agreed or assessed. Catchwords: Development application - residential care facility - pursuant to the State Environmental Planning Policy (Housing for Seniors or People with a Disability ) 2004 - permissibility - location and access to facilities - view impacts - consent orders Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Housing for Seniors and People with a Disability) 2004 Canada Bay Local Environmental Plan 2008 Cases Cited: Benevolent Society v Waverley Council [2010] NSWLEC 108 Blakely v Mosman Municipal Council No 2 [2013] NSWLEC 100 Category: Principal judgment Parties: Cranbrook Care RACF Pty Limited (Applicant)