21 Bungan Street Pty Limited v Warringah Council

Land and Environment Court New South Wales Medium Neutral Citation: 21 Bungan Street Pty Limited v Warringah Council [2014] NSWLEC 1158 Hearing dates:23 July 2014Decision date: 01 August 2014 Jurisdiction:Class 1Before: Moore SC Decision: See (13) Catchwords: DEVELOPMENT APPLICATION: privacy; amenity; streetscape Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 Category:Principal judgmentParties: 21 Bungan Street Pty Limited (Applicant) Warringah Council (Respondent) Representation: Mr G McKee, solicitor (Applicant) Mr S Patterson, solicitor (Respondent) McKees Legal Solutions (Applicant) Wilshire Webb Staunton Beattie (Respondent) File Number(s):10096 of 2014 JudgmentSENIOR COMMISSIONER: The applicant in these proceedings sought development consent for the demolition of two exiting detached dwelling houses and the construction of a multiunit complex pursuant to State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 (the State Environmental Planning Policy). The units were to be constructed at the head of the cul-de-sac that is Bernie Avenue at Forestville. The application was the subject of a s 34 conciliation conference that convened on several occasions (but primarily, as to the merits, on site on 8 May 2014 where objections to the then proposal were heard as submissions from a number of residents prior to the commencement of the conciliation process).The conciliation process resulted in significant ameliorative amendments to the plans being proposed to and accepted by the applicant to remedy impacts on the surrounding residents and to respond to the concerns of the council about the built...