LEC Reverses its Northern Beaches Seniors Decision

In an unusual reversal, the NSW Land and Environment Court overturned its own ruling that had cleared the way for a seniors housing development on Sydney’s Northern Beaches.

The project, a 26-unit seniors living project planned for 72-76 Willandra Road, was approved in July after developer Vigor Master successfully appealed against the Northern Beaches Council’s refusal of the plans. 

But the project is now in jeopardy after a rare second visit to the LEC. 

Submitted in 2024, Vigor Master’s proposal comprised four two-storey buildings and a community hub with a pool, gym, theatre and library. 

The subject site, on the border of Narraweena and Oxford Falls and 23km north of Sydney CBD, is near the Beacon Hill Retirement Village, which was also developed by Vigor Master. 

The council had rejected the proposal due to biodiversity concerns, arguing the “expansive tree removal” required for the category-1 bushfire-prone land was not characteristic of the “low intensity, low impact” development it wanted in the area. 

LEC senior commissioner Susan Dixon at the July hearing found that there were inconsistencies in statutory frameworks that impacted the site and ruled the project acceptable, granting development consent.

▲ A rendering of the seniors proposal on the border of Narraweena and Oxford Falls, designed by Dickson Rothschild.

However, the Northern Beaches Council appealed against the LEC’s decision on grounds of legal error, one of the few pathways available for overturning a ruling within the same court. 

At a hearing this month, the council argued that the commissioner had misconstrued key provisions of the Biodiversity Conservation Act 2016, the Environmental Planning and Assessment Act 1979 and various local environment plans. 

It argued that the previous commissioner’s decision failed to take into consideration matters of relevance, and that they “asked the wrong question and applied the wrong test”. 

The presiding commissioner of the new hearing, LEC chief judge Brian Preston, said that the previous commissioner had misconstrued previous Acts and planning instruments.  

▲ Nearby Beacon Hill Retirement Village, also developed by Vigor Master.

The court was told that the commissioner treated the biodiversity development assessment report as the exclusive benchmark for biodiversity assessment, rejecting arguments for additional or stricter criteria beyond what the report required.

Preston said that the biodiversity assessment report should not be the sole conclusive test and other planning instruments remain relevant, which the consent-granting authority must reconcile. 

The court set aside the previous decision to allow the development. 

A construction certificate application was made in August, but the current status of the project is unclear.

Vigor Master and the Northern Beaches Council were contacted for comment.