Plan for hundreds of homes in seniors housing village proposal dismissed

A LAND and Environment Court appeal that would have seen hundreds of homes in a seniors housing development at Dural has been dismissed in a court ruling.

Seniors housing plan dismissed.

A LAND and Environment Court appeal that would have seen hundreds of homes in a seniors housing development at Dural has been dismissed in a court ruling today.

The $98 million development application for Wirrabara Village at 3-5 Pellitt Lane was submitted last November by Dedico Development Services.

It proposed a four-storey aged care facility comprising 72 suites, 117 self-care homes including four three-storey apartment buildings with 80 apartments and 37 two-storey villas.

An aerial view of the proposed Wirrabara Village.

The project also proposed a gym, indoor pool, wellness centre, steam room, library, cinema, games room, art room, a bowls green and dog park.

Court commissioner Susan O’Neill raised concerns around the impacts of endangered ecological communities and threatened species in the Sydney turpentine ironbark forest, as well as location and access to infrastructure before handing down her ruling.

“The applicant was afforded numerous opportunities to amend the proposal during the hearing, however, the proposal still has fundamental deficiencies in its planning and design which are not able to be cured by further amendments or by condition,” Ms O’Neill said.

“Many aspects of the proposal are unresponsive to the constraints and opportunities of this site.”

Sites proposed for seniors housing across Dural.

The commission also raised concerns around the applicants bushfire protection measures and its impact on the wider ecological communities.

“The proposal does not contribute to and is not compatible with the rural character of the locality,” she said.

“The proposal will have a detrimental impact on the amenity of the adjoining property.”

Hills Shire Mayor Michelle Byrne said the result was a win for residents.

“I am delighted with the outcome, but it’s a court case that we didn’t need to have,” Cr Byrne said. “It makes no sense putting this level of intensity in our rural — metropolitan fringes and today’s outcome vindicates Council’s opinion of this type of development.

“The bar for issuing these certificates needs to be substantially raised to avoid appeals and Council consuming significant costs unnecessarily.”

The developer believed the proposal had a very low impact on the region.

Cr Byrne called for the assessment of environmental constraints, bushfire protection measures and access to infrastructure before site compatibility certificates are issued.

“Council is not opposed to seniors living, it is opposed to them in our rural fringes,” Cr Byrne said.

“We want to see these developments built in locations where residents can access retail, medical facilities, community services and public transport with ease.

We have a proven track record for approving seniors living in the right locations, but we resent using seniors living as a means to extend our urban footprint.”

There were 117 self-care dwellings were included in the plan.

Hills councillor Robyn Preston said she was glad the Land and Environment Court ratified the council’s decision against seniors housing in rural areas.

“As a council and we have pushed to fix bad legislation,” Cr Preston said.

“We have highlighted the shortfalls of this with Planning Minister Anthony Roberts and I think this ruling today reinforces our position as a council on what is appropriate development in this type of landscape.

“We are encouraging the State Government to move quickly to fix this legislation so no other development slip through the cracks.”

A multimillion-dollar development proposal for seniors housing in Dural has been dismissed by the Land and Environment Court. Picture: Annika Enderborg

At the time the application was submitted, DEDICO principal developer John Green said the seniors housing development was sympathetic to the area and would have a “very low impact as it is not a high-rise development”.

“This development will serve the needs of the Dural community,” Mr Green said in January.

“A lot of people nearing retirement age in that area want to be close to their family and we want to provide them with an opportunity to live in a community close to their existing homes.”

IN OTHER NEWS

Mr Green was contacted for comment but failed to respond to questions.

A spokesman for NSW Planning Minister Anthony Roberts said his office endorsed the decision by the Land and Environment Court.

“The minister is pleased the matter has been resolved by the Land and Environment Court and fully supports the decision,” the spokesman said.

“We are taking legal advice on an outstanding matter concerning site compatibility certificates and expect those matter to resolved in due course.

“The outcome is a win for the council and the community.”