B'nai B'rith Retirement Villages Limited v Waverley Council [2015] NSWLEC 1575

B'nai B'rith Retirement Villages Limited v Waverley Council [2015] NSWLEC 1575

The amended proposal was a substantial improvement on the original application, was acceptable after assessment under s79C, achieved the relevant objectives for seniors social housing on the site, addressed the principal amenity, design, view, privacy, parking and traffic concerns through design amendments and conditions, and the minor height non-compliance was justified by sufficient environmental planning grounds. It was therefore appropriate to uphold the appeal and grant development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
15 November 2016
Procedural Posture
Class 1 Development Appeal / Consent Orders Hearing After Termination of S34 Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'retirement Village Alterations and Additions' 'seniors Housing' 'development Consent' 'height Control Variation' 'bulk and Scale' 'parking and Traffic' 'amenity Impacts' 'objector Submissions']
['planning and Environment Law'] ['development Application' 'retirement Village Alterations and Additions' 'seniors Housing' 'development Consent' 'height Control Variation' 'bulk and Scale' 'parking and Traffic' 'amenity Impacts' 'objector Submissions']

Case Brief

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Procedural Posture

Class 1 Development Appeal / Consent Orders Hearing After Termination of S34 Conciliation Conference

Legal Issues

  1. 1 ['Whether development consent should be granted for the amended development application for alterations and additions to an existing retirement village at 7 to 13 Princess Street, Rose Bay.' 'Whether the amended development was of an appropriate scale and character and compatible with the site and surrounding residential locality.' 'Whether impacts on views, privacy, solar access, building separation, parking, traffic and emergency access warranted refusal or further conditions.' 'Whether the minor breach of the height control in cl 40(4)(a) of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 should be accepted under the cl 4.6 objection.']

Ratio Decidendi

The amended proposal was a substantial improvement on the original application, was acceptable after assessment under s79C, achieved the relevant objectives for seniors social housing on the site, addressed the principal amenity, design, view, privacy, parking and traffic concerns through design amendments and conditions, and the minor height non-compliance was justified by sufficient environmental planning grounds. It was therefore appropriate to uphold the appeal and grant development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development consent is granted to development application DA 267/2015 for alterations and additions to an existing retirement village located at 7 to 13 Princess Street, Rose Bay NSW 2029 in accordance with the plans in Exhibit A and subject to the conditions in Annexure A.' 'The exhibits...