Terrigal Grosvenor Lodge Pty Ltd v Wingecarribee Shire Council

[2010] NSWLEC 1039

Land and Environment Court

of New South Wales

CITATION:

Terrigal Grosvenor Lodge Pty Ltd v Wingecarribee Shire Council [2010] NSWLEC 1039

PARTIES:

APPLICANT
Terrigal Grosvenor Lodge Pty Ltd

RESPONDENT
Wingecarribee Shire Council

FILE NUMBER(S):

10874 of 2009

CORAM:

Brown C

KEY ISSUES:

CONSENT ORDERS :- modification of Court approved seniors living development

LEGISLATION CITED:

Environmental Planning and Assessment Act 1979, s 96(8)

DATES OF HEARING:

Documentation provided 24 December 2009, 4 February 2010

 
DATE OF JUDGMENT: 

26 February 2010

LEGAL REPRESENTATIVES:

APPLICANT
Mr D Balog, solicitor
SOLICITORS
D.C.Balog & Associates

RESPONDENT
Mr B Bilinsky, solicitor
SOLICITORS
B. Bilinsky & Co

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Brown C

26 February 2010

10874 of 2009 Terrigal Grosvenor Lodge Pty Ltd v Wingecarribee Shire Council

JUDGMENT

1 COMMISSIONER: This matter comes before the Court pursuant to s 96(8) of the Environmental Planning and Assessment Act 1979 for the modification of a development consent granted by the Court (Terrigal Grosvenor Lodge v Wingecarribee Shire Council [2008] NSWLEC 1162) for the demolition of some existing structures and the erection of a seniors living development at the corner of Moss Vale Road and Links Road, Bowral.

2 The parties agreed that due to the relatively minor changes the modification application could be considered in Chambers.

3 The modification application seeks minor changes generated by the need to comply with the requirements of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 and Australian Standard AS 1428.1 - 1968. The modification application also seeks to change the method of payment of the s 94 development contributions. A comprehensive list of the proposed changes is detailed in the documentation provided with the modification application.

4 The council provided the following relevant response to the modification application:

Applicant is seeking a modification to the court approved Seniors Living development on the corner of Links Rd & Moss Vale Rd, Burradoo. L&E Court is the consent authority for the proposed 96(8) modification .

Proposed modification involves minor tweaks to approved building footprints, increased retention of trees (11 more trees retained, 3 more trees removed - net gain of 8 trees), and staging of s.94 contributions to be paid in four stages. This modification does not require notification under Council's DCP, therefore no notification undertaken & no submissions received .

Proposed minor modification involving minor tweaks to approved building footprints, increased retention of trees (11 more trees retained, 3 more trees removed - net gain of 8 trees) is considered an improvement upon the originally development approved by the L&E Court. Council's s.94 planner raises no objection to the staging of the s.94 contributions.

No objection to the minor alterations to the approved plans as shown in plans currently before the Court. No objection to the staging of the s.94 contributions.

5 On the basis of the minor nature of the modifications, the agreement of the council to the changes and that the modifications to do not require advertising under the council's development control plan, then there are no reasons why the Consent that the Orders should not be made.

6 The Order of the Court, by consent, is:

1. Development Application LUA 06/1428 for the demolition of some existing structures and the erection of a seniors living development at the corner of Moss Vale Road and Links Road, Bowral and approved by the Land and Environment Court on 11 June 2008, modified on 22 January 2009 is further modified and is subject to the conditions in Annexure A.
_____________
G T Brown
Commissioner of the Court