Australia, Aug. 21 -- New South Wales Land and Environment Court issued text of the following judgement on July 21:

1. These proceedings arise following an appeal by Vigor Master Pty Ltd (applicant) pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against Northern Beaches Council's (Council) refusal of its development application DA2023/1932 for the construction of a seniors' living development at 72 to 76 Willandra Road, Oxford Falls (Lot 807, Lot 810 and Lot 811 in DP 752038) (site).

2. As the site and the surrounding privately owned bushland is designated as Category 1 Bushfire Prone Land, the development incorporates the clearing of vegetation to accommodate an Asset Protection Zone (APZ) around the built form. The proposed clearing has triggered an assessment of the biodiversity impacts of the development under the Biodiversity Conservation Act 2016 (NSW) (BC Act), and the Biodiversity Development Assessment Report (BDAR) has assessed the need for the retirement of credits for development consent to be granted: s 7.12(2) of the BC Act.

3. The weight (if any) to be placed on any provision outside the BDAR -particularly cll 56 and 58 of the Warringah Local Environmental Plan 2000 (WLEP 2000), and the character statement for the site, said to be inconsistent with the BC Act, is a central issue in the proceedings.

Decision

4. For the reasons that follow, I have determined to uphold the appeal and grant consent to the development application.

The proposal

5. The amended development comprises:

1) Construction of a seniors living development comprising 22 independent living units ("ILU") across 3 buildings, constructed above a single basement. This will include 28 car parking spaces.

2) A community centre building to serve the residential ILU complex includes a pool, gym, theatre, meeting room/library, and kitchen/lounge/dining room. Two visitor parking spaces and garbage collection facilities are also included to service the centre.

3) Lots 807, 810 and 811 in DP752038 will now be consolidated as a single lot for the whole site area (8.65 Hectares), accommodating the proposed development together with the previously approved boarding house on Lot 811. The prior approvals for a dwelling and boarding house on Lot 810 will become redundant as these are within the building footprint of the proposed ILU's. Remnant bushland outside the construction areas and the APZ will be retained and appropriately managed as a natural bushland setting 'backdrop' for the structures and other improvements on the site.

4) Bushfire protection clearing work and fire protection road upgrade.

5) Site preparation, excavation and fill works.

6) Driveway connections, ancillary site works, service connections, including retaining walls and earthworks.

7) Stormwater infrastructure, including construction of on-site detention.

8) Tree removal.

9) Fencing and landscaping works.

10) Public footpath and ancillary works along the Willandra Road frontage (subject to future 'Section 138' Roads Transport Act 2013 (NSW) approval).

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1981c517a1bd5efd3b6e2e07)

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