Coles Group Property Developments Ltd v Sutherland Shire Council [2020] NSWLEC 1458

Land and Environment Court New South Wales

Medium Neutral Citation: Coles Group Property Developments Ltd v Sutherland Shire Council [2020] NSWLEC 1458 Hearing dates: Conciliation conference held on 19 and 21 August 2020 Date of orders: 29 September 2020 Decision date: 29 September 2020 Jurisdiction: Class 1 Before: Bish C Decision: Refer to orders at [34] Catchwords: DEVELOPMENT APPLICATION – mixed use development – amenity – flooding – traffic – liveable dwellings character and streetscape consistency – height and FSR standards non-compliance – cl 4.6 written variation requests – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy No 64—Advertising and Signage State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Sutherland Shire Local Environmental Plan 2015 Texts Cited: Apartment Design Guide Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Coles Group Property Developments Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: J Chenevier (Solicitor) (Applicant) R McCulloch (Solicitor) (Respondent)