Proposed retirement village takes NSW State Govt to court
Moran’s $220m Narrabeen village lands in court
- Big plans: 149 luxury retirement apartments proposed
- Legal move: Moran files deemed refusal appeal
- Green tension: Biodiversity waiver sparks scrutiny
- Next showdown: Court conciliation set for July
Retirement by Moran took possession of Wesley Mission’s Wesley Taylor Village and Residential Aged Care home in Narrabeen on Sydney’s Northern Beaches on 15 April 2024.
The retirement village operator then lodged a State Significant Development Application (SSDA) for a $220 million redevelopment of the site for Indigo by Moran.
The proposed development included:
- 149 Independent Living Units
– 44 x two-bedroom
– 58 x two-bedroom + study
– 47 x three-bedroom; - 10 Care Suites (residential aged care);
- Administration facilities;
- Communal garden terrace, plus a street-level courtyard with extensive landscaping; and
- Three-level basement for parking and communal amenities including a fitness centre, 20m pool with changerooms, subterranean water garden, infra-red sauna, salon and a cinema.
Now the planned retirement village has lodged an appeal to the NSW Land and Environment Court Appeal against the Minister for Planning and Public Spaces, Paul Scully, applying for “deemed refusal”.
A “deemed refusal” occurs when a council or consent authority fails to determine a development application (DA) or modification application within the statutory timeframe and is a way for the applicant to progress the development.
The appeal is the first to be lodged during the planning process since the State Significant Development pathway was introduced in July 2022.
Matter set for conciliation
The matter has been set for a Conciliation Conference at the Court on 21 July, with a further Directions Hearing to follow on 28 July.
An interim Directions Hearing was also set for 12 March and 2 April. 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.
The exhibition of the development application and environmental impact statement for Indigo by Moran ended on 6 November 2025.
On 10 November, the NSW Department of Planning wrote to Nick Winberg, Director Moran Narrabeen PTY LTD & WHSP Narrabeen PTY LTD, for a written response to issues raised in the submissions, as required under section 59(2) of the Environmental Planning and Assessment Regulation 2021.
Retirement by Moran, the village arm of Dr Shane Moran’s Provectus Care, also had a Biodiversity Development Assessment Report (BDAR) waiver request 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.
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.
