APPEAL — development application — seniors living housing — change of use and alterations and additions to dwelling — heritage item — conciliation conference — agreement reached — orders made
Quick Take
1In disposing of proceedings under s 34(3) of the Land and Environment Court Act 1979 (NSW), the Court's obligation is limited to being satisfied that no jurisdictional constraints preclude an order of the kind agreed; it is not an evaluative merits decision under s 4.15 of the EPA Act.
2Seniors housing in the form of in-fill self-care housing is permissible with consent on R2 Low Density Residential land under ss 79 and 81 of the State Environmental Planning Policy (Housing) 2021, subject to the s 84(2) development standards and the satisfaction requirements in ss 85, 88, 93, 95 and 97.
3On the facts, contraventions of the 9.5m height standard in s 84(2)(c)(i) and the 45-degree building envelope standard in s 84(2)(c)(iii) of the Housing SEPP were capable of being justified by a cl 4.6 written request, where the existing heritage dwelling already exceeded the height limit.
