RSL Care RDNS Limited v Tweed Shire Council [2018] NSWLEC 1616

Land and Environment Court New South Wales

Medium Neutral Citation: RSL Care RDNS Limited v Tweed Shire Council [2018] NSWLEC 1616 Hearing dates: 31 October 2018 Date of orders: 30 November 2018 Decision date: 30 November 2018 Jurisdiction: Class 1 Before: Smithson C Decision: (1) Leave is granted to the Applicant to rely upon amended plans as set out in condition 1 of Annexure "A". (2) The Applicant is to pay the costs of the Respondent thrown away as a result of amending the development application pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (3) The appeal is upheld. (4) Development Application No. DA17/0084 for a three storey residential care facility (seniors housing) and ancillary facilities at 125-128 Leisure Drive, Banora Point is approved subject to the conditions set out in Annexure "A". (5) The Exhibits are returned other than Exhibits A, C and 2. Catchwords: DEVELOPMENT APPLICATION: consent orders – final stage of existing seniors housing development – residential care facility – amenity impacts – resident objections Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 State Environmental Planning Policy No 65– Design Quality of Residential Apartment Development Tweed Local Environmental Plan 2014 Texts Cited: Apartment Design Guide Practice Note - Class 1 Development Appeals Category: Principal judgment Parties: RSL Care RDNS Limited (Applicant) Tweed Shire Council (Respondent) Representation: Solicitors: C McFadzean, Swaab Attorneys (Applicant) S Patterson, Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 2017/312158 Publication restriction: No