Wirrabara Village Pty Ltd v The Hills Shire Council [2020] NSWLEC 1043

Land and Environment Court New South Wales

Medium Neutral Citation: Wirrabara Village Pty Ltd v The Hills Shire Council [2020] NSWLEC 1043 Hearing dates: 18-21 November 2019; written submissions filed 3,11 and 16 December 2019 Decision date: 14 February 2020 Jurisdiction: Class 1 Before: Morris AC Decision: See orders at [170] Catchwords: DEVELOPMENT APPLICATION — seniors living development — site compatibility statement — bushfire risk — ecology — suitability of the site — design principles — accessibility Legislation Cited: Biodiversity Conservation Act 2016 Conveyancing Act 1919 Environmental Planning and Assessment Act 1979 Retirement Villages Act 1999 Rural Fires Act 1997 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 The Hills Local Environmental Plan 2012 Texts Cited: The Hills Development Control Plan 2012 Planning for Bush Fire Protection 2006 Category: Principal judgment Parties: Wirrabara Village Pty Ltd (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: C Ireland (Applicant) J Lazarus SC (Respondent)

Solicitors: Dentons (Applicant) Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 2019/104980 Publication restriction: Nil

Judgment 1. Wirrabara Village Pty Ltd authorised lodgement of Development Application DA 1035/2018/JP with The Hills Shire Council on 12 December 2018 seeking consent for the construction of seniors living development comprising 104 self-care dwellings in the form of dwelling houses, attached dwellings and apartments, a Residential Age Care Facility containing 36 beds and a community building. 2. The Sydney Central City Planning Panel is the consent authority and had not determined the application within the prescribed period. Wirrabara is appealing its deemed refusal pursuant to the provisions of s 8.10 of the Environmental Planning and Assessment Act 1979 (EPA Act).