Waterbrook Bayview Pty Ltd v Northern Beaches Council [2019] NSWLEC 1112

Land and Environment Court New South Wales

Medium Neutral Citation: Waterbrook Bayview Pty Ltd v Northern Beaches Council [2019] NSWLEC 1112 Hearing dates: 21 – 25 January and 15 February 2019 Date of orders: 22 March 2019 Decision date: 22 March 2019 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is dismissed. (2) The development application (DA2017/1274) for a golf course redevelopment and the construction of a seniors housing development and associated works at 1825 Pittwater Road and 52 Cabbage Tree Road, Bayview, is refused. (3) The exhibits are returned, except for Exhibits 1, 2, 3, 5, 6, A, E and F. Catchwords: APPEAL – development application – golf club redevelopment and seniors living – serviced self-care housing – site compatibility certificate required - whether the existing site compatibility certificate certified that development of the kind in the development application was compatible – whether the Court has the power to amend the site compatibility certificate Legislation Cited: Administrative Arrangements (Administrative Changes – Ministers and Public Service Agencies) Order 2014 Biodiversity Conservation Act 2016 Biodiversity Conservation (Savings and Transitional) Regulation 2017 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Amendment Act 2017 Interpretation Act 1987 Land and Environment Court Act 1979 Local Government Act 1919 Pittwater Local Environmental Plan 2014 Retirement Villages Act 1999 Roads Act 1993 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 State Environmental Planning Policy (State and Regional Development) 2011 Cases Cited: Australian Leisure and Hospitality Group Pty Ltd v Manly Council (No 5) [2012] NSWLEC 53 Botany Bay City Council v Saab Corp Pty Ltd [2011] NSWCA 308 Brown v Randwick City Council [2011] NSWLEC 172 Corbett v State of New South Wales [2006] NSWCA 138 Goldberg v Waverley Council [2007] NSWLEC 259; (2007) 156 LGERA 27 Leung v Minister for Immigration and Multicultural Affairs (1997) 150 ALR 76 McDougall v Warringah Shire Council (1993) 30 NSWLR 258 Michael Bald & Associates v Byron Council [1999] NSWLEC 78 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 Parkes Rural Distributions Pty Ltd v Glasson & Anor (1986) 7 NSWLR 332 Ryan v Port Stephens Council [2008] NSWLEC 66 Ryde Municipal Council v Royal Ryde Homes (1970) 19 LGRA 321 Shellharbour Municipal Council v Rovili Pty Ltd (1989) 15 NSWLR 104 Sloane v Minister for Immigration, Local Government and Ethnic Affairs [1992] FCA 414 Sydney City Council v Claude Neon Ltd (1989) 15 NSWLR 724 Wechsler v Auburn Council (1997) 130 LGERA 134 Whittaker v Northern Beaches Council (No 3) [2018] NSWLEC 143 Wirrabara Village Pty Limited v The Secretary of the Department of Planning and Environment [2018] NSWLEC 138 Texts Cited: New South Wales Department of Planning and Environment, Planning Circular PS18-009 Pittwater 21 Development Control Plan 2014 Category: Principal judgment Parties: Waterbrook Bayview Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: I Hemmings SC with J Farrell (Applicant) A Stafford (Respondent)