Mirvac Retail Sub SPV Pty Limited v City of Canada Bay Council [2021] NSWLEC 1598

Land and Environment Court New South Wales

Medium Neutral Citation: Mirvac Retail Sub SPV Pty Limited v City of Canada Bay Council [2021] NSWLEC 1598 Hearing dates: 29 September 2021 Date of orders: 14 October 2021 Decision date: 14 October 2021 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) The appeal is dismissed. (2) Development Application No. DA-2020/0206 for fitout works to the retail tenancies within existing commercial mixed-use development on the site under this single application at 19A Roseby Street, Drummoyne NSW 2047, known as Lot 110 DP1019787, is determined by refusal of consent. (3) The exhibits are returned except for A and 1. Catchwords: DEVELOPMENT APPLICATION – 'blanket application' for fitout works for retail tenancies within shopping complex identified as heritage item – deficiency of application Legislation Cited: Canada Bay Local Environmental Plan 2013, cl 5.10 Environmental Planning and Assessment Act 1979, ss 1.5, 4.12, 4.15 Environmental Planning and Assessment Regulation 2000, cl 49, Sch 1 Pt 1 cll 1(1), 2(1) State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, cl 1.17A State Environmental Planning Policy No 55— Remediation of Land Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Cases Cited: Australian Education Union v Department of Education and Children's Services (2012) 248 CLR 1; [2012] HCA 3 Baron Corporation Pty Limited v The Council of the City of Sydney (2019) 243 LGERA 338; [2019] NSWLEC 61 Bay Simmer Investments Pty Ltd v State of New South Wales (2017) 222 LGERA 286; [2017] NSWCA 135 SHMH Properties Australia Pty Ltd v City of Sydney Council [2018] NSWLEC 66 Tomasic v Port Stephens Council [2021] NSWLEC 56 Weal v Bathurst City Council (2000) 111 LGERA 181; [2000] NSWCA 88 Texts Cited: City of Canada Bay Contaminated Land Policy City of Canada Bay Development Control Plan 2017 City of Canada Bay Section 94 Contributions Plan Sydney Regional Environmental Plan (Sydney Harbour Catchment) Development Control Plan Category: Principal judgment Parties: Mirvac Retail Sub SPV Pty Limited (First Applicant) Mirvac Capital Pty Limited (Second Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: A Perkins (Solicitor) (Applicants) M Harker (Respondent)