Land and Environment Court Proponents Appeal: Moran Seniors Development at Ocean Street, Narrabeen - Update
A Land Environment Court Appeal by Moran was the subject of a directions hearing on Thursday 12 February 2026: 'Indigo by Moran Pty Ltd v Minister for Planning and Public Spaces'.
The developer has applied for "deemed refusal" even though it had not provided responses to the objections by the community.
The matter has been set for a Conciliation Conference at the Court on 21 July, and a further Directions Hearing on 28 July.
An interim Directions Hearing was also set for March 12 and again on April 2, as the solicitor from the NSW Department of Planning and Environment has formally raised the contention the appeal is premature because of an outstanding request for response to public submissions.
It is understood the developer disputes this contention.
The additional listings allows the parties to continue correspondence on this aspect of the dispute.
The exhibition of the development application and environmental impact statement (EIS) for Indigo By Moran at 156 Ocean Street Narrabeen (SSD-76220734) ended on 6 November 2025.
As of November 10 2025 the NSW Dept. of Planning required a written response to issues raised in the submissions, as required under section 59(2) of the Environmental Planning and Assessment Regulation 2021. The written response must be in the form of a submissions report that has been prepared having regard to the State Significant Development Guidelines including Appendix C - Preparing a Submissions Report.
The submissions report must also incorporate responses to agencies’ advice.
The submissions report was required within two months via the NSW Planning Portal.
All 746 submissions have been placed on the NSW Planning Portal at: www.planningportal.nsw.gov.au/major-projects/projects/indigo-moran-156-ocean-street-narrabeen
Indigo by Moran is seeking a proposed maximum height of the new buildings on 156 Ocean Street of 21.1 metres. The standard height granted under the State Environment Planning Policy is 8.5 metres.
This means the project is seeking a 71.5 per cent increase on the local building height limit.
Under the proposed plans for Indigo by Moran, the DA proposes an existing seniors housing development ( W. G. Taylor Retirement Home and Village) and three adjacent residential dwellings be demolished and a “5 to 6 storey” senior housing development, set to cost north of $140 million, with three levels of basement for 192 car spaces, including seven visitor spaces.
There will be 149 independent living units with access to a fitness centre, pool, sauna, cinema, wine room, library, lounge and roof top terrace with a pavilion.
Ten beds have been earmarked for a “residential care facility”.
The project seeks to remove 69 trees (24 of which are significant) and will retain 13 trees (7 significant trees and 6 non-significant). The trees to be retained are neighbouring trees and those on the periphery of the site including the well-established Norfolk Island Pine trees located along the Ocean Street and Octavia Street frontage. Any understory of these trees will likely be removed and re-landscaped, the EIS states.
The proponents documents showed they were applying for a BDAR Waiver Request, which was granted by a Director Greater Sydney, of the Department of Climate Change, Energy, the Environment and Water, under section 7.9(2) of the Biodiversity Conservation Act 2016, in July 2025, months before any input from the community was invited.
A BDAR Waiver Request is an application to the NSW Department of Planning and Environment to waive the requirement for a Biodiversity Development Assessment Report (BDAR) for a project, which can only be applied for by a proponent of a State Significant Development (SSD) or State Significant Infrastructure (SSI) project. So any impact on wildlife that feeds on the trees and landscape elements to be removed, or lives in these trees, is considered to be not 'significant'.
A comment during the November submissions period from a previous owner of 8 Octavia Street Narrabeen said they wanted to make it known there are two significant black bean trees side-by-side on the property which are of considerable value to the ecology and history of this site.
''It would be of great benefit to the area if they could be retained.'' the prior owner commented
This pair of culturally significant black bean trees are to be destroyed, as listed (35 and 36) in the Arboricultural Impact Appraisal and Method Statement lodged with the NSW Planning Department, as part of the proposal.
Another contractor is undertaking the Aboriginal community consultation and preparing an Aboriginal cultural heritage assessment report (ACHAR) to meet the Secretary's environmental assessment requirements (SEARs) for the proponent.
A report lodged so far found that is 'no built environmental heritage' the proposal may impact on. A Redacted ACHAR report for 156-164 Ocean St Narrabeen dated June 2025 identified that the study area holds high potential for Aboriginal artefacts as it is situated atop a Holocene-aged coastal sand barrier near resources rich marine and terrestrial ecologies.
Further reports would require taking into account potentially uncovering First Nations peoples materials and objects should the proposed 'up to 11m of excavations' go ahead in this sand landscape.
John Grainger, former Murdoch and Manly Daily photographer, took this one of 'Narrabeen Man's remains being uncovered on the corner of Octavia and Ocean streets in 2005.
Bones Ocean st, Narrabeen. Now known as the Narrabeen Man 20-1-05. Photo: John Grainger
The Narrabeen Man was found by contractors digging for electricity cables near the corners of Octavia Street and Ocean Street, Narrabeen. A forensic investigation was undertaken and bone samples were sent to Lawrence Livermore National Laboratory in California to determine the age of the remains. Radiocarbon dating of the bone suggested an age of around 14,000 years for the skeleton. The Narrabeen man was suspected to be 30–40 years old when he died. This is recorded to be Sydney's oldest skeleton and is Australia's third oldest skeletal remains behind Mungo Man and Mungo Lady.
An archaeological dig at the site revealed that Narrabeen Man was found in a posture unlike a tribal ceremonial burial. Rather than lying on his front with hands by the side or across the chest, the Narrabeen Man was on his side with one arm across his head. Further investigation of the skeletal remains revealed evidence of spear ends found embedded into his vertebrae and near other parts of the body. This indicated death by spearing and suggested to archaeologist Dr Jo McDonald that Narrabeen Man was perhaps the first physical evidence of ritual murder in Australia.
Further examination revealed that Narrabeen Man was approximately 183 cm tall, estimated from the length of his limbs, and 30–40 years old. His height was above average for Aboriginal men at this time. It is also speculated that Narrabeen Man was not from a tribe from the greater Sydney region, and Narrabeen, as his two front teeth were not removed - in line with a regional initiation rite at the time of European settlement (unless the rite was introduced locally in more recent times than Narrabeen Man's demise).
There is no conclusive evidence as to why he was killed. A Narrabeen cultural heritage officer, Allen Madden, suggested in 2008 that a ritualistic murder of this type represents the farthest extent of tribal law, indicating that his offence, whatever it was, must have been serious.
Narrabeen Man's remains are currently lying under care at Sydney University's Shellshear Museum.
The bulk of the submissions lodged with the Department, which allowed 2 weeks for these, have objected to the proposal.
More than 1700 have also signed a change.org submission against the development and over a thousand attended a beside the site protest on November 8 2025. Since then a NSW Parliamentary petition was also made available, with posters for the same shared on social media platforms.
Domain stated in November 2025 it had sighted a copy of an email sent by a representative of Indigo by Moran to their database calling on those in this list to submit positive submissions about the project.
Several submissions from 'Caringbah South' and Oyster Bay in southern Sydney by respondents who work in the industry and even some from Queensland, are among those available on the Dept. of Planning's webpage for the project.
There are a number submissions of support from Narrabeen, Collaroy and Mona Vale residents who may be able to afford a retirement unit.
Objections point out this is luxury housing for more privileged residents, sits within mapped Coastal Environment and Coastal Vulnerability Areas (on a sandspit), an excavation over 11m deep poses flooding, groundwater, and structural risks, and that the BASIX assessment barely meets minimum standards with little passive design or energy efficiency.
Residents are Pro-appropriate Development
Members of Better Planning for Northern Beaches have stated:
‘’It’s important to note Narrabeen is not anti-development or anti seniors living — we are pro-appropriate development.
Our community has always embraced thoughtful, well-scaled projects that strengthen the area. But developments that overwhelm infrastructure, disregard planning controls, overshadow neighbours and erode coastal character are simply not in the public interest. Beyond the planning concerns, what the community wants most is a fair, transparent, independent process.''
The Proponent was advised on November 10 they are now required to provide the NSW Planning Department with a written response to issues raised in the submissions, as required under section 59(2) of the Environmental Planning and Assessment Regulation 2021. The written response must be in the form of a submissions report that has been prepared having regard to the State Significant Development Guidelines including Appendix C - Preparing a Submissions Report.
The submissions report must also incorporate responses to agencies’ advice and the Department’s forthcoming letter.
The submissions report must be lodged within two months of a forthcoming letter from the Department’s via the NSW Planning Portal.
The time between the date of that notice to the proponent and the date the Planning Secretary receives the response is not included in the ‘assessment period’ under section 94(1) of the Environmental Planning and Assessment Regulation 2021.
Previous reports:
Community Calls for Narrabeen Seniors Proposal to be Referred to IPC - Mona Vale Save Our Suburb Residents Group Formed - 2 Motions passed at council meeting
The W. G. Taylor Memorial Home at Narrabeen: Some History
Signs of the Times at Narrabeen, November 1 2025. Pic: ELG/PON