RSL Care RDNS Limited v Tweed Shire Council [2018] NSWLEC 1616

RSL Care RDNS Limited v Tweed Shire Council [2018] NSWLEC 1616

The Court upheld the appeal and approved the amended development application because, having regard to the amended plans, expert evidence, resident objections and agreed conditions, the proposal complied with the required development standards of the State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, was below the maximum permissible height under the Tweed Local Environmental Plan 2014, and its impacts on amenity, character, access, parking and construction were reasonably mitigated so that there were no substantive grounds to refuse consent.

Jurisdiction
Australia
Judgment Date
30 November 2018
Procedural Posture
Class 1 Development Appeal Concerning Refusal of Development Application No. Da17/0084 for Seniors Housing / Consent Orders Hearing After Mandatory Conciliation Was Terminated
Outcome
Appeal upheld; amended development application approved subject to conditions.
Legal Topics
['class 1 Development Appeal' 'consent Orders' 'residential Care Facility' 'amenity Impacts' 'resident Objections' 'height, Bulk and Scale' 'parking and Access' 'state Environmental Planning Policy (housing for Seniors or People With a Disability) 2004']
['planning and Environment Law' 'development Consent' 'seniors Housing'] ['class 1 Development Appeal' 'consent Orders' 'residential Care Facility' 'amenity Impacts' 'resident Objections' 'height, Bulk and Scale' 'parking and Access' 'state Environmental Planning Policy (housing for Seniors or People With a Disability) 2004']

Case Brief

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Procedural Posture

Class 1 Development Appeal Concerning Refusal of Development Application No. Da17/0084 for Seniors Housing / Consent Orders Hearing After Mandatory Conciliation Was Terminated

Legal Issues

  1. 1 ['Whether it was lawful and appropriate to grant consent orders approving the amended development application for a three storey residential care facility and ancillary facilities.' 'Whether objections by existing residents concerning height, bulk, scale, character, amenity, construction impacts, parking and access had been properly taken into account.' 'Whether the amended proposal complied with the applicable planning controls, including the State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 and Tweed Local Environmental Plan 2014.']

Ratio Decidendi

The Court upheld the appeal and approved the amended development application because, having regard to the amended plans, expert evidence, resident objections and agreed conditions, the proposal complied with the required development standards of the State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, was below the maximum permissible height under the Tweed Local Environmental Plan 2014, and its impacts on amenity, character, access, parking and construction were reasonably mitigated so that there were no substantive grounds to refuse consent.

Court Disposition

Appeal upheld; amended development application approved subject to conditions.

Orders

  • ['Leave is granted to the Applicant to rely upon amended plans as set out in condition 1 of Annexure "A".' 'The Applicant is to pay the costs of the Respondent thrown away as a result of amending the development application pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed...