Armada Avalon Pty Ltd v Northern Beaches Council (No 3) [2024] NSWLEC 1387

Armada Avalon Pty Ltd v Northern Beaches Council (No 3) [2024] NSWLEC 1387

The availability of the Keoride on-demand public transport service, under contract with TfNSW, and extensive evidence of its operation and compliance with locational and pathway access requirements under clause 26(2), satisfied the necessary planning instrument provisions. Modification of consent conditions to delete certain pedestrian infrastructure works, relying on Keoride for compliance, resulted in substantially the same development within s 4.55(2) Environmental Planning and Assessment Act 1979. No written guarantee with Keoride is required.

Jurisdiction
Australia
Judgment Date
09 July 2024
Procedural Posture
Appeal Modification (class 1) / Final Decision on Modification Application
Outcome
Appeal allowed; modification application granted
Legal Topics
['development Consent Modification' 'seniors Housing' 'access to Public Transport' 'interpretation of SEPP (housing) 2004']
['planning Law' 'administrative Law'] ['development Consent Modification' 'seniors Housing' 'access to Public Transport' 'interpretation of SEPP (housing) 2004']

Case Brief

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Procedural Posture

Appeal Modification (class 1) / Final Decision on Modification Application

Legal Issues

  1. 1 ['Whether the proposed modification satisfies clause 26(2) of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004' 'Whether Keoride is a public transport service for the purposes of clause 26(2)' 'Whether the modification results in substantially the same development under s 4.55(2) Environmental Planning and Assessment Act 1979' 'Whether a written agreement/guarantee with public transport provider is required by cl 26(2)']

Ratio Decidendi

The availability of the Keoride on-demand public transport service, under contract with TfNSW, and extensive evidence of its operation and compliance with locational and pathway access requirements under clause 26(2), satisfied the necessary planning instrument provisions. Modification of consent conditions to delete certain pedestrian infrastructure works, relying on Keoride for compliance, resulted in substantially the same development within s 4.55(2) Environmental Planning and Assessment Act 1979. No written guarantee with Keoride is required.

Court Disposition

Appeal allowed; modification application granted

Orders

  • ['The appeal is allowed and modification application No. MOD2023/0276 granted.' 'Development consent No. DA2019/1260 as modified by the Court is subject to the consolidated modified conditions set out in Annexure A.']