Aveo North Shore Retirement Villages Pty Ltd v Northern Beaches Council [2020] NSWLEC 1035

Land and Environment Court New South Wales

Medium Neutral Citation: Aveo North Shore Retirement Villages Pty Ltd v Northern Beaches Council [2020] NSWLEC 1035 Hearing dates: 16 – 17 December 2019; Conditions and submissions on disputed conditions filed 18 December 2019 Date of orders: 23 January 2020 Decision date: 23 January 2020 Jurisdiction: Class 1 Before: Smithson C Decision: The orders of the Court are: (1) The applicant is granted leave to rely upon the amended plans referred to in condition 7 of Part A of the conditions in Annexure "A". (2) The appeal is upheld. (3) The modification application to amend development consent 82/149 for an approved seniors living facility at 79 Cabbage Tree Road, Bayview is approved subject to the conditions in Annexure "A". (4) The exhibits are returned except Exhibits A, B, G and 6. Catchwords: MODIFICATION APPLICATION – whether substantially the same as approved development; site suitability Legislation Cited: Biodiversity Conservation Act 2016 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Local Government Act 1919 Pittwater Local Environmental Plan 2014 Rural Fires Act 1997 State Environmental Planning Policy (Housing for Seniors and People with a Disability) State Environmental Planning Policy No. 5 – Housing for Aged or Disabled Persons 1982 Water Management Act 2000 Cases Cited: 1643 Pittwater Road Pty Ltd v Pittwater Council 11 Elvina Avenue Pty Ltd v Pittwater Council Doering v Pittwater Council 1643 Pittwater Road Pty Ltd v Pittwater Council [2004] NSWLEC 685 Agricultural Equity Investments Pty Ltd v Westlime Pty Ltd (No. 3) [2015] NSWLEC 75 Australian Super Developments Pty Ltd v Pittwater Council [2004] NSWLEC 632 Australian Super Developments Pty Ltd v Pittwater Council [2005] NSWLEC 642 Geoffrey Twibill & Associates v Warringah Shire Council LEC No. 10431 of 1981 Moto Projects (No 2) Pty Ltd V North Sydney Council (1999) 106 LGERA 298 North Sydney Council v Michael Standley and Associates Pty Ltd (1998) 43 NSWLR 468 The Satellite Group (Ultimo) Pty Ltd v Sydney City Council [1998] NSWLEC 244 Trinvass Pty Ltd v The Council of the City of Sydney [2018] NSWLEC 77 Vacik Pty Ltd v Penrith City Council [1992] NSWLEC 8 Texts Cited: Australian Standard AS 1428.1 Planning for Bushfire Protection, RFS, 2019 Category: Principal judgment Parties: Aveo North Shore Retirement Villages Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: A Pickles, SC (Applicant) A Stafford (Respondent)