Dan Properties Pty Ltd v Sutherland Shire Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Dan Properties Pty Ltd v Sutherland Shire Council [2014] NSWLEC 1276 Hearing dates:5 August 2014Date of orders: 05 August 2014 Decision date: 05 August 2014 Jurisdiction:Class 1Before: Dixon C Decision: (1)   The appeal is upheld.(2)   Development application DA 13/0646 for the construction of additional retail floor space and a new car park entry off Bates Drive is determined by the granting of development consent, subject to the conditions in Annexure A, dated 5 August 2014. Catchwords: DEVELOPMENT APPEAL – consent orders - alterations and additions to existing local shopping centre - new drive way entry – slip lane – pedestrian safety – amenity impacts generated by the construction works – community land to be retained and maintained Legislation Cited: Environmental Planning and Assessment Act 1979 Sutherland Shire Local Environmental Plan 2006 Category:Principal judgmentParties: Dan Properties Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: Mr A Cornish (solicitor) (Applicant) Ms J Amy (solicitor) (Respondent)   Solicitors: Harris & Company, Solicitors (Applicant) Janelle Amy, In –House Counsel Sutherland Shire Council (Respondent) File Number(s):10005 of 2014Ex tempore Judgment On 5 December 2014 the Sutherland Shire Council determined to refuse its consent to a development application lodged by the applicant, Dan Properties Pty Limited, for the construction of additional commercial/ retail space, a childcare centre and a new car park entry at the Kareela Shopping Centre. In response to the Council’s decision the applicant filed this appeal to the Court under s97...