E G Property Group Pty Ltd v Rockdale City Council [2015] NSWLEC 1265

E G Property Group Pty Ltd v Rockdale City Council [2015] NSWLEC 1265

The amended plans and documents addressed the planning, amenity, traffic, loading dock and staff facility concerns sufficiently. The clause 4.6 variation request in respect of clauses 40(4)(b) and 40(4)(c) of the SEPP was appropriate and should be sustained. The remaining objections did not provide a basis to refuse...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
20 July 2015
Procedural Posture
Class 1 Appeal Against Refusal of Development Application DA 2014/372 / Principal Judgment; Consent Orders on Amended Proposal
Outcome
Appeal upheld; development consent granted subject to conditions; clause 4.6 variation request sustained; consent orders made.
Legal Topics
['development Application for Nursing Home' 'state Environmental Planning Policy (housing for Seniors or People With a Disability) 2004' 'clause 4.6 Variation Request' 'development Standards' 'consent Orders' 'resident Objections' 'setbacks, Height, Privacy, Noise, Landscaping and Vehicle Manoeuvrability']
['planning and Environment' 'development Consent' 'seniors Housing'] ['development Application for Nursing Home' 'state Environmental Planning Policy (housing for Seniors or People With a Disability) 2004' 'clause 4.6 Variation Request' 'development Standards' 'consent Orders' 'resident Objections' 'setbacks, Height, Privacy, Noise, Landscaping and Vehicle Manoeuvrability']

Source-derived case record

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application DA 2014/372 / Principal Judgment; Consent Orders on Amended Proposal

Legal Issues

  1. 1 ['Whether the amended development application for demolition of existing structures and construction of a two storey aged care facility with basement parking should be approved by consent orders.' 'Whether objections under clause 4.6 of the Rockdale Local Environmental Plan 2011 to compliance with clauses 40(4)(b) and 40(4)(c) of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 should be sustained.' "Whether objectors' concerns about fire safety, height, streetscape presentation, neighbourhood impacts, privacy, kitchen exhaust, tree detritus and driveway/loading dock noise provided a basis to refuse or alter the revised proposal."]

Ratio Decidendi

The amended plans and documents addressed the planning, amenity, traffic, loading dock and staff facility concerns sufficiently. The clause 4.6 variation request in respect of clauses 40(4)(b) and 40(4)(c) of the SEPP was appropriate and should be sustained. The remaining objections did not provide a basis to refuse or further alter the development because fire safety was addressed through Building Code of Australia compliance, the Wilson Street presentation and privacy treatments were acceptable, the loading dock management plan and Industrial Noise Policy answered noise concerns, and minor tree detritus did not justify intervention. It was therefore appropriate to give effect to the...

Court Disposition

Appeal upheld; development consent granted subject to conditions; clause 4.6 variation request sustained; consent orders made.

Orders

  • ['The Applicant is granted leave to rely on the amended plans and documents identified in the orders.' "The Applicant is to pay the Respondent's costs that are thrown away as a result of amending the development application pursuant to s 97B of the Environmental Planning and Assessment Act 1979, as agreed or as...