Lipman Properties Pty Ltd v Warringah Council [2010] NSWLEC 1310

Lipman Properties Pty Ltd v Warringah Council [2010] NSWLEC 1310

The proposal for seniors living units and associated subdivision was found to be consistent with the current planning controls, met the exception for density in the B2 locality, and was not likely to have a significant effect on the threatened species Pimelea curviflora if managed as conditioned. The proposal's design would fit within the desired future character of the locality and sufficient ameliorative measures were conditioned to manage potential environmental impacts. Draft LEP 2009 was given limited weight due to uncertainty as to its application and deferral. The appeals were upheld and consent granted with comprehensive conditions.

Parties
Applicant: Lipman Properties Pty Ltd; Respondent: Warringah Council
Jurisdiction
Australia
Judgment Date
30 December 2010
Procedural Posture
Development Application Appeal / Judgment on Appeal (consent Granted With Conditions)
Outcome
Appeal upheld, consent granted subject to conditions
Legal Topics
Development Consent, Seniors Housing, Threatened Species, Subdivision, Environmental Impact, Local Environmental Plans, Draft Planning Instruments
Planning and Environment Law Development Consent Seniors Housing Threatened Species Subdivision Environmental Impact Local Environmental Plans Draft Planning Instruments

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Parties

Lipman Properties Pty Ltd

Applicant

Warringah Council

Respondent

Procedural Posture

Development Application Appeal / Judgment on Appeal (consent Granted With Conditions)

Legal Issues

  1. 1 Whether proposed development should be refused for inconsistency with desired future character of locality under LEP
  2. 2 Whether proposal complies with housing density and subdivision standards in B2 locality
  3. 3 Whether likely significant impact on threatened species (Pimelea curviflora) justifies refusal or requires Species Impact Statement

Ratio Decidendi

The proposal for seniors living units and associated subdivision was found to be consistent with the current planning controls, met the exception for density in the B2 locality, and was not likely to have a significant effect on the threatened species Pimelea curviflora if managed as conditioned. The proposal's design would fit within the desired future character of the locality and sufficient ameliorative measures were conditioned to manage potential environmental impacts. Draft LEP 2009 was given limited weight due to uncertainty as to its application and deferral. The appeals were upheld and consent granted with comprehensive conditions.

Court Disposition

Appeal upheld, consent granted subject to conditions

Orders

  • The appeals in respect of Lot 806 DP 752038 and Lot 12 DP 729342 are upheld.
  • Development application 2009/0800 is determined by granting of consent (32 dwellings for seniors living, subdivision, strata subdivision, and access), subject to deferred commencement and operational conditions in Appendix A.