On the 20th August 2020 the NBC (Northern Beaches Council) appeal to IPC (Independent Planning Commission) against the DPIE (Department of Planning Industry & Environment) Gateway determination in favour of the proposal was refused so now all legal challenges are exhausted.

Rather than a spot rezoning to R2 – (Low Density Residential) of the site as requested originally the DPIE Gateway determination instructed NBC to alter the LEP to allow seniors living on E4 (Environmental Living) land. This is a body blow to orderly council planning. Whilst this instruction on some accounts maybe better than a spot rezoning to R2 (which allows multiple other types of development) it is still changing the rules for foreshore land which comes under the E4 zoning and opens all E4 land to this precedent.

This development is bewildering when the current government is saying that it is putting planning in the hands of the community (via it’s local council) and then allows a developer to put in proposal which gets upheld via the department review processes against the technically strong arguments of the council.

Letter to NRA advising outcome

Appeal decision & history

NRA presentation to Northern Beaches Local Planning Panel 1st August 2018

The attached presentation was given to the panel hearing. The role of the panel was to advise council before council has to send the rezoning submission to the State Planning Dept/Minister for consent or otherwise through the ‘Gateway’ process.

Presentation to NBLPP 

NBLPP Decision & Advice to council


June 2018 Update – Sydney Planning Panel overturns NB Council decision –  a real concern for our built form!

We believe it is a gross over-reaching and misdirection of the Panel’s jurisdiction that it could single-handedly destroy any community confidence in the competence of this new regime, before it has barely begun.

Council has put forward the their strong opposition to the May decision of the SNPP as per the following link –  Read the details

As Andrew Pigott points out, re the Planning Panel Operational Procedures:

The Panel’s determination should provide a clear decision on whether the planning proposal before it should proceed, for a Gateway determination rather than recommending improvements.”

Far beyond recommending improvements, the decision actually proposes changing the zoning for the Pittwater water-frontage side of an entire street, from E4 to R2, to enable multi-dwelling retirement accommodation to be built.

The NRA has sent a letter to out local member Hon Rob Stokes seeking his support to get this decision reversed – read the details NRA letter to Hon Rob Stokes

25th June partial break through – We have just received a call from Hon Rob Stokes agreeing with the position outlined in the NRA letter with regard to the overreach in applying the rezoning to the rest of the street. He indicated that after speaking to the Minister for Planning they have agreed the SNPP decision to apply it to the rest of the street was  an overreach and council would be informed that any rezoning in the rest of the street would be a matter for council. 

However it does not overturn the rezoning at this location by the SNPP and the council’s only solution now would be to lodge an appeal with the L & E Court. The NRA will write to the council encouraging them to do so.


Spot Rezoning planning proposal refused at NBC Council meeting of the 28th November 2017

The NBC planners recommended to council that the planning proposal be refused for the reason outlined below. A spokesperson for the applicant  spoke at the council meeting endeavouring to have the councillors allow the proposal and a spokesperson for the NRA spoke in support of the recommendation to not allow the proposal. The application was refused.

Summary of Refusal


Northern Beach Council has received a draft planning proposal relevant to 66 Bardo Rd and 2-4 Nooal Sts Newport. The proposal seeks to amend the Pittwater Local Environmental Plan 2014 by adding an additional permitted use to the site to allow for a seniors living development.

We have had a lot of feedback from neighbours and NRA members concerned with this spot rezoning proposal. Should the proposal be allowed the SEPP provisions will apply allowing a greater site coverage of the buildings versus all the neighbours and may establish another precedent within the confines of Newport. Before LEPs were standardised in 2014,  senior housing was permissible on the site (upon approved application). Now the E4 Environmental living zoning does not permit this use. The owners and developers are claiming they did not know of the 2014 change and are seeking redress – but in the NRA’s view that is not now a reason to change as the standardised LEP for this area was introduced for a good reason. The 2014 LEP changes went through an extensive public exhibition process commencing in early 2013. Additionally a number of the precedent examples quoted were actually lodged back in 2003 & 2005, a long time before the introduction of the new LEP.

It is the intention of the NRA to write to council opposing this application. The NRA has also been in contact with a number of Councillors expressing our concern with this application.

Anyone wanting to make a submission may do it on-line (by following the link below) or writing  to council with submissions closing 16th October 2017

Full details of the application can be found at

Refer NRA submission (pdf)