Brewster Murray Pty Ltd v Northern Beaches Council [2019] NSWLEC 1152

Brewster Murray Pty Ltd v Northern Beaches Council [2019] NSWLEC 1152

The amended proposal, with further changes to finished floor levels, bridge level and conditions, complied with the relevant planning controls, was consistent with the desired future character of the B2 Oxford Falls Valley Locality, achieved an acceptable bulk and scale, minimised and appropriately managed impacts...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 April 2019
Procedural Posture
Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. 2017/0294 / Principal Judgment and Final Orders After Hearing; Conciliation Under S 34 of the Land and Environment Court Act 1979 Was Terminated Without Agreement
Outcome
Appeal upheld; development application approved subject to conditions of consent.
Legal Topics
["seniors' Housing Development" 'desired Future Character' 'ecological Impacts' 'remnant Indigenous Flora' 'riparian Corridor and Watercourses' 'flood Affected Land' 'conditions of Consent' 'section 88 B Instrument']
['planning and Environment' 'development Consent' 'land Use Planning'] ["seniors' Housing Development" 'desired Future Character' 'ecological Impacts' 'remnant Indigenous Flora' 'riparian Corridor and Watercourses' 'flood Affected Land' 'conditions of Consent' 'section 88 B Instrument']

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Procedural Posture

Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. 2017/0294 / Principal Judgment and Final Orders After Hearing; Conciliation Under S 34 of the Land and Environment Court Act 1979 Was Terminated Without Agreement

Legal Issues

  1. 1 ["Whether the proposed seniors' housing development was consistent with the desired future character statement for the B2 Oxford Falls Valley Locality under Warringah Local Environmental Plan 2000." 'Whether the proposal was excessive in bulk and scale, particularly the Group B buildings west of the creek.' 'Whether the proposal minimised impacts on remnant indigenous flora, including Trees 24 and 41, and retained distinctive environmental features.' 'Whether the proposal maintained and enhanced watercourses, aquatic habitat and the riparian corridor.' 'Whether flood impacts required changes to finished floor levels and bridge levels.' 'Whether conditions should require a s 88B Conveyancing Act 1919 instrument, a private shuttle bus and a Flood Emergency Response Plan.']

Ratio Decidendi

The amended proposal, with further changes to finished floor levels, bridge level and conditions, complied with the relevant planning controls, was consistent with the desired future character of the B2 Oxford Falls Valley Locality, achieved an acceptable bulk and scale, minimised and appropriately managed impacts on remnant indigenous flora, threatened species, the riparian corridor, watercourses and flood risk, and therefore warranted approval subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions of consent.

Orders

  • ['The appeal is upheld.' 'Development Application No. 2017/0294 for the demolition of existing structures and the construction of a Seniors Housing Development at 53 Little Willandra Road, Oxford Falls, is approved, subject to the conditions of consent at Annexure A.' 'The exhibits, other than exhibits 2 and L, are...