BPG Holdings (No. 5) Pty Limited v Northern Beaches Council [2021] NSWLEC 1357

BPG Holdings (No. 5) Pty Limited v Northern Beaches Council [2021] NSWLEC 1357

The applicant was granted leave to amend the development application, and the Court determined that the proposal, as amended, complied with all applicable planning instruments, environmental policies, site requirements, and public notification procedures. There being no jurisdictional impediment and the proposal...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
18 June 2021
Procedural Posture
Appeal (class 1, Development Application) / Conciliation Conference Followed by Judgment and Orders
Outcome
Appeal upheld; leave to amend granted; development consent granted; costs order made.
Legal Topics
['development Application' 'seniors Housing' 'appeal From Council Decision' 'land Use' 'conciliation Conference' 'site Amendment Power' 'building Height Compliance']
['planning and Environment'] ['development Application' 'seniors Housing' 'appeal From Council Decision' 'land Use' 'conciliation Conference' 'site Amendment Power' 'building Height Compliance']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Appeal (class 1, Development Application) / Conciliation Conference Followed by Judgment and Orders

Legal Issues

  1. 1 ['Whether the applicant should be granted leave to amend the development application under cl 55 of the EPA Regulation' 'Whether development consent should be granted for the amended application for seniors housing' 'Compliance of the proposed development with the relevant planning instruments and development standards']

Ratio Decidendi

The applicant was granted leave to amend the development application, and the Court determined that the proposal, as amended, complied with all applicable planning instruments, environmental policies, site requirements, and public notification procedures. There being no jurisdictional impediment and the proposal meeting all prerequisites for seniors housing under the relevant SEPP and LEP, consent was granted as per the parties' agreement.

Court Disposition

Appeal upheld; leave to amend granted; development consent granted; costs order made.

Orders

  • ['The Applicant is granted leave to amend development application DA2020/1172 to rely upon the plans referred to in condition 1 of Annexure A.' "The applicant is to pay the respondent's costs thrown away as a result of the amendment of the development application pursuant to s 8.15(3) of the Environmental Planning...