HGM Corp Pty Ltd v Sutherland Shire Council [2020] NSWLEC 1418

Land and Environment Court New South Wales

Medium Neutral Citation: HGM Corp Pty Ltd v Sutherland Shire Council [2020] NSWLEC 1418 Hearing dates: 25 and 26 May 2020 Date of orders: 10 September 2020 Decision date: 10 September 2020 Jurisdiction: Class 1 Before: Bindon AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application No. DA18/0871 (as amended) for the demolition of existing structures and construction of a six storey mixed use development comprising two ground floor retail spaces, 17 residential units and 23 car spaces over two basement levels at 347 - 357 Port Hacking Road, Caringbah subject to the conditions set out in Annexure A. (3) The exhibits are returned except for Exhibits A, B, C and G. Catchwords: DEVELOPMENT APPLICATION – mixed use development – site amalgamation / isolated site Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Roads Act 1993 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development State Environmental Planning Policy No 55— Remediation of Land Sutherland Shire Local Environmental Plan 2015 Cases Cited: Cornerstone Property Group Pty Ltd v Warringah Council (2004) 139 LGERA 245; [2004] NSWLEC 189 Karavellas v Sutherland Shire Council [2004] NSWLEC 251 Kindimindi Investments Pty Ltd v Lane Cove Council (2006) 143 LGERA 277; [2006] NSWCA 23 Texts Cited: Apartment Design Guide Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy, (March 2020) Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: HGM Corp Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: T To (Applicant) J Amy (Solicitor) (Respondent)