Wirrabara Village Pty Ltd v The Hills Shire Council (No 2) [2020] NSWLEC 1097

Land and Environment Court New South Wales

Medium Neutral Citation: Wirrabara Village Pty Ltd v The Hills Shire Council (No 2) [2020] NSWLEC 1097 Hearing dates: 18-21 November 2019; written submissions filed 3,11 and 16 December 2019, final conditions filed 26 February 2020 Date of orders: 05 March 2020 Decision date: 05 March 2020 Jurisdiction: Class 1 Before: Morris AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA 1035/2018/JP for demolition of existing structures, removal of existing vegetation, construction of a seniors living development comprising a 36 bed residential aged care facility and 97 serviced self-care dwellings; provision of resident services including home delivered meals, personal care and home nursing, assistance with housework and a bus service providing access for residents to a local centre; bushfire mitigation works; construction of roads; provision of resident and visitor car parking; earthworks and civil engineering works at Lot 1 DP 534265, Lots 1 and 2 DP 560912 and known as Nos 3 and 5 Pellitt Lane and No 9 Wirrabara Road, Dural is approved subject to the conditions in Annexure A. (3) The exhibits, other than Exhibits B, C and 1 are returned. Catchwords: DEVELOPMENT APPLICATION — seniors living development – dispute regarding conditions Legislation Cited: Rural Fires Act 1997 Cases Cited: Wirrabara Village Pty Ltd v The Hills Shire Council [2020] NSWLEC 1043 Texts Cited: NSW Rural Fire Service, Planning for Bushfire Protection (2006) Category: Consequential orders (other than Costs) Parties: Wirrabara Village Pty Ltd (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: C Ireland (Applicant) J Lazarus SC (Respondent)