E G Property Group Pty Ltd v Rockdale City Council [2015] NSWLEC 1265

Land and Environment Court New South Wales

Medium Neutral Citation: E G Property Group Pty Ltd v Rockdale City Council [2015] NSWLEC 1265 Hearing dates: 21 & 22 May, 18 June & 15 July 2015 Date of orders: 20 July 2015 Decision date: 20 July 2015 Jurisdiction: Class 1 Before: Moore AJ Decision: See [59] Catchwords: DEVELOPMENT APPLICATION – nursing home – State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 – development standards – objections to compliance sustained CONSENT ORDERS – amended proposal – resident objections to revised proposal – no basis to refuse or require further changes – consent orders made Legislation Cited: Environmental Planning and Assessment Act 1979 Rockdale Development Control Plan 2011 Rockdale Local Environmental Plan 2011 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 Cases Cited: Barker v Kyriakides [2007] NSWLEC 292 Category: Principal judgment Parties: E G Property Group Pty Ltd (Applicant) Rockdale City Council (Respondent) Representation: Counsel: I Hemmings SC (Applicant) J Cole, solicitor) (Respondent) Solicitors: Minter Ellison (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s): 15/10135 Publication restriction: No

Judgment 1. HIS HONOUR: The Endeavour Nursing Home stands on the north-eastern corner of the T intersection of Wilson Street and Rocky Point Road at Ramsgate. The present nursing home occupies what was, originally, three residential allotments, two with frontages to Rocky Point Road and one with a frontage to Wilson Street. The present entrance to the nursing home is from Wilson Street at approximately the mid-point of the building and the service access and some aboveground parking is a concrete surfaced area at the eastern end of the site. 2. The site slopes from south to north with there being a gentle slope along the Rocky Point Road frontage whilst, as a consequence of a cross-slope from the south-western corner to the north-eastern corner, the slope at the eastern end of the site from the Wilson Street frontage to its northern boundary is more pronounced. 3. The present nursing home has 28 beds and can be characterised, in very broad terms to be of two storeys along its Rocky Point Road and Wilson Street frontages – with there being two storeys and a basement level facing the properties on the present site's northern boundary.