Pittwater Online News

September 1 - 30, 2026: Issue 658

Narrabeen Indigo DA Update: Demolition - Tree Removal refused, Site Manager's Office change to Sales Office also refused

Signs of the Times at Narrabeen, November 1 2025. Pic: ELG/PON

The council advised on September 11 2026, Re; Application No. DA2026/0714, Address: 156-164 Ocean Street Narrabeen, that following assessment, including consideration of all submissions, the application for Demolition of aged care facility including associated tree removal has been refused.

A further DA, for the change of use of a site manager's office that had been installed to a sales office was also refused.

The Notice of Determination for the above application and the assessment report for the above application are available on Council’s website, in accordance with the Environmental Planning and Assessment Act 1979 (the Act) and Environmental Planning and Assessment Regulation 2001. Visit www.northernbeaches.nsw.gov.au Planning and Development > Application Search to find these details.

The council further advised that:

'For all applications, the applicant has the right to request the consent authority to review the determination under Section 8.3 of the Act, and the right to appeal the determination under Section 8.7 of the Act. Where the application constitutes designated development, an objector has a right of appeal against the determination under Section 8.8 of the Act. Under Division 9.5 of the Act, any person may bring proceedings in the Court for an order to remedy or restrain a breach of the Act.'

Demolition - Tree Removal DA Details

The council's Assessment Report for DA2026/0714 stated:

''The development application seeks consent for the demolition of on-site structures consisting of a two-storey aged care facility, known as 'Wesley Taylor', including associated driveways and vehicular crossings, as well as associated tree removal.

This application is preceded by a Complying Development Certificate (CDC2025/0713 dated 25/09/2025) which was approved for the demolition of internal ramps, pathways, driveways and outbuildings on the subject site as well as dwelling houses on the adjoining properties situated to the north-west of the subject site.

The application is referred to the Northern Beaches Local Planning Panel (NBLPP) as a total of 155 public submissions objecting to the proposed application were received during the community notification period.

The matters raised in the submissions are addressed in detail in this report and broadly relate to:

Tree removal and biodiversity
Future redevelopment of the land
Site disturbance, structural integrity and groundwater
Coastal hazards
Aboriginal Heritage
Remediation process and ongoing environmental impacts of an indefinitely vacant brownfield site
Traffic Management'

Several of the concerns raised in submissions were concurred with and were reflected in the recommendation attached to this report.

The assessment concluded that the proposal cannot be supported due primarily to insufficient information relating to key planning and environmental matters, and deficiencies in the documentation supporting the application. In this regard, the proposed demolition necessitates subsurface works of which insufficient detail is provided as to the depth and extent of such works, as well as their remediation and ongoing structural integrity and stabilisation, which may extend for an indefinite period of time. Additionally, the Geotechnical and Acid Sulfate Soils Assessment relates to a separate application and so contains significant content that pertains to a proposed development that is not part of this application.

Furthermore, as highlighted in the referral comments from Council’s Aboriginal Heritage Officer, additional information was required to adequately address concerns regarding the removal of piers, footings and other subsurface components associated with the existing development.

'The removal of these elements may result in further ground disturbance, increasing the potential for impacts on any remaining Aboriginal objects and/or archaeological deposits that may be present within the site which is identified as having very high Aboriginal heritage significance. Similarly, the submitted Aboriginal Cultural Heritage Assessment Report (ACHAR) and Aboriginal Archaeological Research Design Report has been prepared in the context of a separate development application and also contains significant content that pertains to a proposed development that is not part of this application.' the council's report stated

'As a result of the above issues, the application fails to demonstrate compliance with the relevant provisions of the Warringah LEP 2011 and Warringah DCP 2011.'

The report goes on to state:

'Finally, the proposal involves demolition works on land which is not part of the nominated site in this application. In this regard, there are works located within the road reserve in front of other unrelated properties, as well as tree removal located on 8 Octavia Street, 81 Lagoon Street and 81A Lagoon Street. The proposal is therefore inconsistent with Clause 24(1) of the Environmental Planning and Assessment Regulation (2021) in relation to the "approved form" of the application.

In relation to the proposed tree removal, Council's Landscape Officer considers the proposed tree removals identified on the demolition plans and in the Arboricultural Assessment Report as unacceptable, stating that the removal of numerous prescribed trees is not necessary as part of the demolition process and should be retained and protected. It is noted that suitable conditions of consent could be imposed to address the retention and protection of certain trees and hence tree removal is not included as a reason for refusal.

Therefore, based on the extent of insufficient information and other deficiencies in the application, despite requests for the Applicant to rectify these matters through a Request for Further Information, a complete and proper assessment of the application cannot be undertaken and documentation is not adequate for the purposes of granting consent.'

At the Northern Beaches Planning Panel Meeting held on September 2nd, 2026 the Northern Beaches Local Planning Panel, on behalf of Northern Beaches Council as the

consent authority, refused Application No. DA2026/0714 for Demolition of aged care facility including associated tree removal at Lot 11 DP 775997, 156 - 164 Ocean Street, Narrabeen.

CPP 'Exclude Exhibition' Rules

The Demolition Determination may now be subject to new rules introduced through the 'Community Participation Plan' formalised by the NSW Government earlier in September 2026, and which commenced from September 1 2026.

The CPP formalises 'Development types excluded from public exhibition' and includes, among others:

Ancillary development to existing residential accommodation (such as but not limited to pools, sheds, pergolas and carports)
Bed and breakfast accommodation
Change of use (excluding a change of use to a registered club or pub, and excluding any development that adjoins, or is located on, land in a residential zone)
Demolition
Dual occupancy (up to two storeys)
Attached dwelling (up to 5 dwellings)
Dwelling house (up to two storeys)
Multi dwelling housing (up to 5 dwellings)
Secondary dwelling
Tree Removal on private land

See Week One September 2026 report: NSW Government's 'Community Participation Plan' (CPP) Entrenches-Expands Exclusion of Community/Individual Voices

Using Site Manager's Office as a Sales Office

Also at that NBPP September 2 Meeting a further DA addressed the proponents changing the use of a shed they had installed on the site to a sales office (DA2026/0605).

The council's assessment found:

'The existing structure was originally erected as Exempt Development for a temporary site manager's office associated with the approved demolition works under a Complying Development Certificate (CDC2025/0713 dated 25/09/2025). Whilst the CDC-approved demolition works have not yet commenced, the structure has been erected on-site and subsequently converted into a sales office and display suite associated with a proposed State Significant Development (SSD) application for a new seniors housing redevelopment (Indigo by Moran).'

' The works involved in the fit-out and installation of signage are unauthorised and subject to a Notice of Intention to Issue an Order by Council's Building Control Team. It is noted there is currently no approval for re-development of the subject site for the purposes of a new seniors housing, at the time of writing this report.'

The application was referred to the Northern Beaches Local Planning Panel (NBLPP) due to 10 or more submissions being received during the community notification period.

Concerns raised in the objections predominantly related to:

Existing unauthorised nature of the structure and existing location in relation to built form controls
Traffic and parking
Vegetation impacts
Signage illumination
Aboriginal heritage
Camera surveillance

Several of the concerns raised in the submissions were concurred with by the council.

In accordance with Clause C3 Parking Facilities, as well as referral comments from the council's Traffic Engineer, insufficient information was provided in relation to the dimensions and details of on-site parking associated with the proposed temporary land use.

Furthermore, the council found on-site parking nominated by the applicant as part of an amended site plan, is located on land that is not part of the subject site, which does not accord with the "approved form" pursuant to Clause 24 of the EPA Regulation (2021). In this regard, the subject site is nominated as being only 156-164 Ocean Street, however the proposal nominates carparking for the sales office on an adjacent property at No.8 Octavia Street. The proposal was therefore inconsistent with Clause 24 and is a fundamental administrative flaw in the application.

An additional issue raised, which also formed a reason for refusal in the recommendation, related to the existing unauthorised nature of the building. The building has not been used for the purposes upon which it was intended when it was installed under the exempt development provisions as a temporary site manager's office associated with CDC-approved demolition works, rather it has been physically converted into a separate land use that represents prohibited development in the R3 zone under the WLEP 2011.

The council also stated a Building Information Certificate (BIC) cannot be issued to regularise the retrospective works,

as the structure remains proposed as a temporary facility. The granting of approval for the use of a structure that is the subject of illegal works, is therefore not considered to be in the public interest and is contrary to community expectations for proper development approval pathways.

As a result of the above, the proposal did not satisfy the objectives or requirements of Clause 2.8 Temporary use of land under the WLEP 2011.

The assessment concluded that the proposal, in its current form, cannot be supported due primarily to insufficient information relating to key planning and environmental matters, as well as inadequate information to carry out a complete and proper assessment of the application.

At the Northern Beaches Planning Panel Meeting held on September 2nd 2026, the Panel on behalf of Northern Beaches Council as the consent authority, refused Application No. DA2026/0605 for Temporary use of existing building as

a sales office at Lot 11 DP 775997, 156 - 164 Ocean Street NARRABEEN NSW 2101 for the reasons for refusal set out in the council's Assessment Report.

Court Action

In June 2026 the 'Protect NSW Communities from Developers Overriding SEPP and LEP Controls' e-petition, an official NSW parliamentary petition sponsored by Independent Member for Pittwater, Jacqui Scruby, received a response from the NSW Planning Minister, the Hon. Paul Scully.

This advised the Department of Planning, Housing and Infrastructure has not approved the proposed development, and the proponent for consent has commenced an appeal to the NSW Land and Environment Court.

The ePetition was forwarded to the Department's assessments team and its legal representatives in these proceedings, for them to consider including the petition in material to be considered by the Court.

All submissions that were received during the public exhibition period will be provided to the Court for consideration. Anyone who made a submission during public exhibition will be contacted shortly by the Department's legal representatives, with information on the next steps in the Court process.

Instead of appealing an actual refusal, the proponent is relying on “deemed refusal” provisions, which allow an applicant to go to the Land and Environment Court when a consent authority has not determined an application within the statutory timeframe.

In Indigo by Moran Pty Ltd v Minister for Planning and Public Spaces a court-ordered conciliation conference took place on July 21, 2026, on site, but failed to resolve the dispute, leading to an upcoming full hearing, which is scheduled for three days, commencing December 15, 2026.

Background in prior reports: