The Vasey Housing Association NSW v Hornsby Shire Council [2020] NSWLEC 1029

Land and Environment Court New South Wales

Medium Neutral Citation: The Vasey Housing Association NSW v Hornsby Shire Council [2020] NSWLEC 1029 Hearing dates: Conciliation conference on 10 December 2019; 19 December 2019 Date of orders: 23 January 2020 Decision date: 23 January 2020 Jurisdiction: Class 1 Before: Bindon AC Decision: The Court orders: (1) The applicant is granted leave to rely on the amended plans listed in Condition 1 at Annexure 'A' to this agreement. (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the costs of the respondent that were thrown away as a result of amending the development application in the amount of $22,500 within 28 days from the date of this agreement. (3) The applicant's written request pursuant to clause 4.6 of the Hornsby Local Environmental Plan 2013 seeking to justify the contravention of the location and access to facilities development standard in cl.26 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 is upheld. (4) The appeal is upheld. (5) Development Application No. DA/1016/2018 for a seniors housing development comprising 117 residential units and associated uses at Lot 78 in Deposited Plan 3250, otherwise described as 18 Waitara Avenue, Waitara, is approved subject to the conditions in Annexure 'A' to this agreement. Catchwords: DEVELOPMENT APPLICATION (Stage 2) – conciliation conference – agreement between the parties – seniors housing – clause 4.6 variation to clause 26(2) of SEPP Seniors – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Hornsby Local Environmental Plan 2013 Land and Environment Court Act 1979 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Category: Principal judgment Parties: The Vasey Housing Association NSW (Applicant) Hornsby Shire Council (Respondent) Representation: Counsel: J Reid (Applicant) M Cottom (Solicitor) (Respondent)