Sterling Dolores and Associates Pty Ltd v Sutherland Shire Council [2003] NSWLEC 373

> Land and Environment Court of New South Wales

CITATION : Sterling Dolores and Associates Pty Ltd v Sutherland Shire Council [2003] NSWLEC 373 APPLICANT Sterling Dolores and Associates Pty Ltd PARTIES : RESPONDENT Sutherland Shire Council FILE NUMBER(S) : 10803 of 2003 CORAM: Hoffman C KEY ISSUES: Development Application :- for a residential flat building comprising 42 units - landscaped area - quality of design - internal amenity for future occupants - access to on site facilities - scale and bulk of buildings - future character of the area Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy No. 65 Sutherland Shire Local Environmental Plan 2000 CASES CITED: DATES OF HEARING: 24/11/2003, 25 November 2003 EX TEMPORE JUDGMENT DATE : 11/27/2003

APPLICANT Mr G McKee, solicitor SOLICITORS McKees Legal Solutions

LEGAL REPRESENTATIVES: RESPONDENT Mr J Reilly, solicitor SOLICITORS Abbott Tout

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10803 of 2003

Hoffman C

27 November 2003 Sterling Dolores and Associates Pty Ltd Applicant v Sutherland Shire Council Respondent Judgment 1 This was a class 1 appeal No. 10803 of 2003 between Sterling Dolores and Associates Pty Limited and Sutherland Shire Council in regard to the refusal of a proposal for forty-two units, all two bedroom, in a three storey building, with fifty-three car spaces in a basement carpark at Nos. 15 to 23 Premier Street, Gymea.