Sutherland District Trade Union Club Ltd v Sutherland Shire Council [2025] NSWLEC 1074

Land and Environment Court New South Wales

Medium Neutral Citation: Sutherland District Trade Union Club Ltd v Sutherland Shire Council [2025] NSWLEC 1074 Hearing dates: 29 January 2025 Date of orders: 29 January 2025 Decision date: 29 January 2025 Jurisdiction: Class 1 Before: Thorpe AC Decision: The Court orders: (1) The written request seeking to justify the contravention of the height of buildings development standard at cl 4.3 of Sutherland Shire Local Environmental Plan 2015, prepared by Planning Ingenuity and dated 4 December 2024, is upheld. (2) The written request seeking to justify the contravention of the floor space ratio development standard at cl 4.4 of Sutherland Shire Local Environmental Plan 2015, prepared by Planning Ingenuity and dated 4 December 2024, is upheld. (3) The appeal is upheld. (4) Development consent is granted to Development Application No. DA22/0957 for alterations and additions to the existing multi-storey car park associated with Sutherland District Trade Union Club Limited at 57 Manchester Road, Gymea, subject to the conditions of consent in Annexure A. (5) The following exhibits are returned: E,F,J,M, O, 5-8, MFI-1. Catchwords: DEVELOPMENT APPEAL – alterations and additions to existing car parking building – 24 hour gymnasium – bulk and scale – contravention of height and floor space ratio development standards – adequacy of the written requests Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 8.15 Environmental Planning and Assessment Regulations 1979, s 23 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119, 2.122 Sutherland Shire Local Environmental Plan 2015, cll 4.3, 4.4, 4.6, 5.10, 6.16 Cases Cited: Tenacity Consulting v Waringah (2004) 134 LEGRA 23; [2004] NSWLEC 140 Trinvass Pty Ltd v City of Sydney Council [2018] NSWLEC 1691 Veloshin v Randwick Council [2007] NSWLEC 428 Woollahra Municipal Council v SJD DB2 Pty Ltd [2020] NSWLEC 115 Texts Cited: Sutherland Shire Development Control Plan 2015 Transport for NSW Guide to Traffic Generating Developments 2002 Austroads Guide to Traffic Management Part 11 Category: Principal judgment Parties: Sutherland District Trade Union Club Ltd ABN 17000341186 (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: M Staunton (Applicant) R O'Gorman-Hughes (Respondent)