Tolucy Pty Ltd v Northern Beaches Council [2019] NSWLEC 1284

Land and Environment Court New South Wales

Medium Neutral Citation: Tolucy Pty Ltd v Northern Beaches Council [2019] NSWLEC 1284 Hearing dates: 20-22 May and 24 May 2019 Date of orders: 12 July 2019 Decision date: 21 June 2019 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) Leave is granted to the applicant to amend the application for development consent, by relying on the information and the amended plans identified in Condition 1(a) of Annexure 'A'. (2) The appeal is upheld. (3) Development consent is granted for DA 2018/1752 for a 90 bed Residential Aged Care Facility providing beds to dementia and respite care patients and 48 Serviced Self-Care Housing dwellings together with basement car parking, landscaping and ancillary works, subject to the conditions in Annexure 'A'. (4) The exhibits are returned, except for Exhibits A, LL and 7. Catchwords: DEVELOPMENT APPLICATION – site compatibility certificate – seniors housing – provisions of services – access to community services and recreation facilities – residential aged care – primary production small lots zone Legislation Cited: Aged Care Act 1997 Biodiversity Conservation Act 2016 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy – Seniors Housing and People with a Disability 2004 State Environmental Planning Policy (Seniors Living) 2004 Warringah Local Environmental Plan 2011 Cases Cited: Australian Nursing Home Foundation Limited v Ku-ring-gai Council [2019] NSWLEC 1205 Information Gateways Pty Ltd v Hornsby Shire Council [2005] NSWLEC 242 Principal Healthcare Finance Pty Ltd v Council of the City of Ryde [2016] NSWLEC 153 Wirrabara Village Pty Limited v The Hills Shire Council [2018] NSWLEC 1187 Texts Cited: Department of Infrastructure, Planning and Natural Resources, A guide for councils and applicants – Housing for seniors or people with a disability (May 2004) Quality of Care Principles 2014 Warringah Development Control Plan 2011 Category: Principal judgment Parties: Tolucy Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: T Robertson SC (Applicant) A Stafford (Respondent)