Incoll Pty Limited v Warringah Council [2006] NSWLEC 714

Incoll Pty Limited v Warringah Council [2006] NSWLEC 714

The proposal, as amended, was reasonably compatible and sympathetic to the present and future character of the locality. Its streetscape elevation was broken into projecting bays and recesses reflecting the rhythm of nearby detached housing, its bulk and height were acceptable under State Environmental Planning Policy - Seniors Living 2004, the landscaped area deficiency was offset by high quality indoor space for residents with limited mobility, and the rear setback issue was acceptable on merit. The remaining issues did not justify refusal, and the parties' consent orders approving the development application could be made.

Jurisdiction
Australia
Judgment Date
13 November 2006
Procedural Posture
Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of a Development Application / Ex Tempore Judgment; Consent Orders
Outcome
Appeal upheld by consent; development application approved subject to conditions.
Legal Topics
['development Application' 'seniors Living Residential Care Facility' 'desired Future Character' 'building Height' 'landscaped Open Space' 'rear Building Setback' 'building Bulk' 'overdevelopment' 'public Submissions']
['planning and Environment' 'development Consent'] ['development Application' 'seniors Living Residential Care Facility' 'desired Future Character' 'building Height' 'landscaped Open Space' 'rear Building Setback' 'building Bulk' 'overdevelopment' 'public Submissions']

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Procedural Posture

Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of a Development Application / Ex Tempore Judgment; Consent Orders

Legal Issues

  1. 1 ['Whether the proposed eighty-two bed seniors living residential care facility was consistent with the desired future character of the G3 Manly Lagoon Suburbs locality and the relevant planning controls.' 'Whether concerns about building bulk, height, landscaped open space, landscaped area, rear building setback, overdevelopment and public submissions warranted refusal of consent.' 'Whether consent orders approving the development application should be made.']

Ratio Decidendi

The proposal, as amended, was reasonably compatible and sympathetic to the present and future character of the locality. Its streetscape elevation was broken into projecting bays and recesses reflecting the rhythm of nearby detached housing, its bulk and height were acceptable under State Environmental Planning Policy - Seniors Living 2004, the landscaped area deficiency was offset by high quality indoor space for residents with limited mobility, and the rear setback issue was acceptable on merit. The remaining issues did not justify refusal, and the parties' consent orders approving the development application could be made.

Court Disposition

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

Orders

  • ['The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is upheld.' "Development application No 2005/0550 lodged with the respondent council on about 1 June 2006 to demolish the existing dwellings and to construct an eighty-two (82) bed seniors living 'residential care facility', including...