Dukor 24 Pty Ltd v Northern Beaches Council [2018] NSWLEC 1315

Land and Environment Court New South Wales

Medium Neutral Citation: Dukor 24 Pty Ltd v Northern Beaches Council [2018] NSWLEC 1315 Hearing dates: 21 May 2018 Date of orders: 27 June 2018 Decision date: 27 June 2018 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders:

(1) The appeal is upheld. (2) Development consent is granted to development application DA2017/0206, for demolition works and construction of a residential care facility, subject to the conditions of consent attached as Annexure 'A'. (3) The exhibits are returned, with the exception of Exhibits A, B and 2. Catchwords: Development Application: Residential care facility, deferred matter, desired future character, retention of distinctive environmental features; protection of flora. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Roads Act 1993 State Environmental Planning Policy No 5 - Housing for Older People or People with a Disability 2003 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 Warringah Development Control Plan 2013 Warringah Local Environment Plan 2000 Warringah Local Environment Plan 2011 Cases Cited: GPC No 5 (Wombarra Pty Ltd v Wollongong City Council [2003] NSWLEC 268 Category: Principal judgment Parties: Dukor 24 Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Staunton (Applicant)