Japara Healthcare Limited v Northern Beaches Council [2018] NSWLEC 1670

Land and Environment Court New South Wales

Medium Neutral Citation: Japara Healthcare Limited v Northern Beaches Council [2018] NSWLEC 1670 Hearing dates: Consent orders hearing on 13 & 14 December 2018 Date of orders: 14 December 2018 Decision date: 14 December 2018 Jurisdiction: Class 1 Before: Dixon SC Decision: (1) The appeal is upheld; (2) The variations to the height, front setback and side setback development standards are approved, pursuant to cl 12(2)(b) and cl 20(1) of Warringah Local Environmental Plan 2000; (3) Development Application No. DA2017/0237 for the demolition of the existing structures and construction of a 104 room residential care facility and ancillary facilities at 169 Forest Way, Belrose is approved, subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPLICATION: Consent orders – residential healthcare facility – inconsistency with the desired further character – access to the site – ecological impacts Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Rural Fires Act 1997 State Environmental Planning Policy No 1—Development Standards Warringah Local Environmental Plan 2000 Water Management Act 2000 Category: Principal judgment Parties: Japara Healthcare Limited (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: C McEwan SC with M Staunton (Applicant)