Terry Hills: Court decision made on proposed $70m aged care facility on Laitoki Rd
There has been a new twist in plans for a giant $70m seniors development at Terrey Hills. It appears to have hit a stumbling block in the Land Environment Court, but it’s not over yet.
Manly
Don't miss out on the headlines from Manly. Followed categories will be added to My News.
- Alleged ‘major drug syndicate’ smashed on northern beaches
- P-plate driver faces court over fatal crash
Plans for a contentious $70 million seniors living development have hit a stumbling block after Northern Beaches Council won an appeal in the Land and Environment Court.
The council successfully challenged the consent granted by a court Commissioner in July last year for the aged care facility at Terrey Hills to go ahead.
The court agreed with the council that Commissioner Tim Horton had erred in his decision to allow the development by prejudging that the risk of bushfires had been satisfactorily addressed in the development application.
The developer Tolucy Pty Ltd wants build a 94-bed residential aged care centre for dementia and respite care patients and 60 seniors independent living units at 58 Laitoki Rd.
Now, the court has now ordered that the DA be referred back for consideration by a different Commissioner.
But Tolucy said the appeal decision, released on August 3 by Judge Tim Moore, was based on a technicality.
Tolucy director Michael Gillis told the Manly Daily that the Commissioner determined that he was going to approve the development, “but wanted further evidence.”
“So it was on a technical basis, that council appealed, saying that he prejudged the approval.
“But we say he didn’t approve it at that time. He said he intended to approve it, but wanted further evidence from our expert.
“So he hadn’t prejudged it. If evidence came it that it was no good, it was open to him not to approve it.”
Mr Gillis said if there was a bushfire, the residents of the facility, which he said was not on bushfire prone land, would not have to evacuate because the buildings were designed to withstand ember attack.
The proposal ended up in the court after the developer appealed against a decision by planning authorities in May 2019 to deny the development application.
Judge Moore found that Commissioner Horton made legal errors in his decision to grant consent. He found that the Commissioner has prejudged the issue that bushfire safety had been satisfactorily addressed by the DA even though at the time, the Commissioner acknowledged that he had insufficient evidence to reach that conclusion.
It also found that the Commissioner did not give adequate reasons for his decision that bushfire safety had been adequately addressed.
Judge Moore also found that the Commissioner made a legal error in failing to properly consider whether the facility’s location met mandatory requirements for access to facilities such as public transport and shops.
“I am satisfied that the defects in this Commissioner’s decision-making process are sufficiently egregious that public confidence that a further decision-making process would be undertaken in the fair and balanced fashion required, without prejudgement, would not be available to a properly informed lay observer,” Judge Moore said.
“The NSW Government wants ‘shovel-ready’ projects. This is a shovel-ready project that should be approved that will employ 200 people to build it.
“There is a high-demand for brand new aged care facilities.”
The Terrey Hills Progress Association, which has opposed the development, said on its Face book page: “Stand by for a possible further fight to preserve our environment and the rural character of the area”.