Is The Aged Care Approval Legal?

Is The Aged Care Approval Legal?

“…visitor facilities,

places for refreshment,

 education and cultural studies and

accommodation for visiting school groups”

SHFT Comprehensive Plan, 10 Terminal and ASOPA p 122

These are the Trust’s uses for 10 Terminal according to its Comprehensive Plan.

But now the Trust has approved a commercial aged care facility. Why?

The Sydney Harbour Federation Trust was handed a collection of some of Australia’s most priceless real estate in 2001.

Trust plans are legal documents.

According to the Comprehensive Plan, the 10 Terminal site could be used for “accommodation for visiting school groups” among other uses.

In the subsequent detailed Middle Head Management Plan, this was re-designated “visitor accommodation”, among other uses of “dining, function, offices, studio, education or similar”.

Yet, on September 16, the Trust Board amended the Middle Head Management Plan, apparently to allow the aged care proposal. “Aged care” is not listed as a new permissible use.

Apparently, the Trust considers aged care a version of “visitor accommodation”. Why?

According to our lawyers, the aged care proposal would probably not be a lawful use. In their opinion:

“… the difference between the types of uses contemplated in the Middle Head Management Plan and the residential / aged care / private hospital type use proposed in the Development Application is so great that the proposed development is inconsistent with the Middle Head Management Plan….

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2 Comments on "Is The Aged Care Approval Legal?"

  • helmut gebels says

    The time is ripe to put pressure directly onto Tony, by threatening not to vote for him, or by standing a candidate in the next elections, and/ or by quoting him in his commitment to the trust.

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