Gerdev Pty Ltd v Sutherland Shire Council [2024] NSWLEC 1600

Land and Environment Court New South Wales

Medium Neutral Citation: Gerdev Pty Ltd v Sutherland Shire Council [2024] NSWLEC 1600 Hearing dates: 8 and 9 July 2024 Date of orders: 26 September 2024 Decision date: 26 September 2024 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA23/0166 and rely upon the amended plans and documents referred to at Condition 1 of Annexure A. (2) The appeal is upheld. (3) Consent is granted to Development Application DA23/0166 (as amended) for partial demolition and construction of a nine-storey shop top housing development over four basement levels, two lot stratum subdivision and strata subdivision at 97-105 Gerrale Street Cronulla, subject to the conditions of consent at Annexure A. (4) The exhibits, other than 2, 3, 4 and A are returned. Catchwords: APPEAL – development application – shop top housing – residential apartment building development – partial demolition – heritage conservation – desired future character – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, ss 27, 29, 37, 38 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy (Transport and Infrastructure) 2021 Sutherland Shire Sydney Local Environmental Plan 2015, cll 2.2, 4.3, 4.4, 4.6, 5.10, Sch 5 Texts Cited: Australia ICOMOS, The Burra Charter 2013 Heritage Council of NSW and Government Architect NSW, Design Guide for Heritage 2018 NSW Department of Planning and Environment Apartment Design Guide 2015 NSW Department of Planning and Environment, Planning Circular PS 20-002, May 2020 NSW Department of Planning and Environment, State Heritage Inventory NSW Heritage Office, Heritage Curtilages 1996 Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Gerdev Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: R White (Applicant) J Cole (Solicitor) (Respondent)