Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27:

1. COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against Northern Beaches Councils (the Council) deemed refusal of development application DA2023/1504 which seeks consent for an additional building (including associated changes to driveways and landscaping) in the existing seniors living development located at 8 Lady Penrhyn Drive Beacon Hill, being Lot 806 in DP 752038 (the site). The new building is described as 'Building 9'.

2. The development application seeks consent for the erection of Building 9 containing four independent living units (ILUs) for "housing for older people or people with a disability" and other changes to the existing and proposed development on site, comprising:

1) Basement Carpark (RL97.4) - parking for 7 cars, 3 bicycles, lobby, lift, stair access and bin storage;

2) Ground Floor (RL100.4) - lift and stair access, 2 x 3 bedroom ILUs each with bathroom, kitchen / living area, balcony and storage.

3) First Floor (RL103.6) - lift and stair access, 2 x 3 bedroom ILUs each with bathroom, kitchen / living area, balcony and storage.

4) Site preparation and excavation works.

5) Stormwater infrastructure.

6) Demolition of existing access roads and re-construction of new access roads;

7) Construction of a new driveway through the basement of Building 9 to service Building 8.

8) Modifications to Building 8 to change its vehicular access, lower the basement level, and add an additional basement storage level.

9) Changes to the public road works.

10) Retaining walls, paths, steps and landscaping. ("the application")

3. The matter was originally listed as a hearing but as the parties had reached agreement and at their request the Court converted the listing to a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) which was held on Site.

4. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties and which addressed the Council's contentions. The agreed position is for the Court to uphold the class 1 appeal and grant development consent to the proposed development with conditions at Annexure A.

5. There are jurisdictional prerequisites which require my satisfaction before the power to grant consent under s 4.16(1)(a) of the EPA Act can be exercised by the Court. The parties outlined jurisdictional matters of relevance to this appeal in an agreed Jurisdictional Statement (the Statement) provided to the Court. The statutory planning controls relevant to the Site and the Proposed Development are listed in the Council's Statement of Facts and Contentions.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196f14d1675958ca777da241)

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