Meriton Apartments Pty Ltd v Sutherland Shire Council [2006] NSWLEC 139

Land and Environment Court of New South Wales

CITATION : Meriton Apartments Pty Ltd v Sutherland Shire Council [2006] NSWLEC 139

APPLICANT Meriton Apartments Pty Ltd PARTIES : RESPONDENT Sutherland Shire Council

FILE NUMBER(S) : 10427 of 2005

CORAM: Bly C

KEY ISSUES: Development Application :- Town house development, flora, fauna, habitat and landscaping, built form, visual impacts and urban design, traffic, resident objections

Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No 19 - Bushland in Urban Areas Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment LEGISLATION CITED: Sutherland Shire Local Environmental Plan 2000 Development Control Plan for Townhouses and Villa Houses Residential Zones Development Control Plan - Landscape

DATES OF HEARING: 23-25/01/2006 and 30/01/2006

DATE OF JUDGMENT: 03/29/2006

APPLICANT Mr J Bingham, solicitor SOLICITORS Deacons LEGAL REPRESENTATIVES:

RESPONDENT Mr J Cole, solicitor SOLICITORS Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

30 March 2005

10427 of 2005 Meriton Apartments Pty Ltd v Sutherland Shire Council

JUDGMENT

Introduction 1 This appeal relates to the deemed refusal of Development Application No. DA 05/0188 which is for the demolition of the existing dwelling house and the construction of 88 townhouses with excavated basement carparking and communal recreation facilities at 2 Corea Street Sylvania. Strata subdivision of the development is also proposed. 2 The corner site, comprising Lots 1 and 2 in DP 872780 ("the site") has an area of 17,484 sq m. It is generally rectangular in shape with a frontage of about 81 m to the Princess Highway, a frontage of about 125 m to Korea Street, a depth varying between 210 m and 230 m and a northern frontage of about 80 m to the Georges River. 3 The site is traversed by a pronounced east-west aligned ridge top with moderate to steep slopes facing both the Princess Highway and the Georges River. These slopes include a series of natural sandstone rock escarpments amidst the remnant bushland covering the majority of the site. Extensive views are available to the north over the Georges River and to the south towards the suburbs of Miranda and Cronulla. 4 An elevated access road traversing the southern slopes of the site provides access from Corea Street to the existing residential development known as High Trade to the east. 5 Development in the locality generally comprises residential comprising detached dwelling houses and medium density townhouse development including High Trade to the east and Marlow, which is situated opposite the site to the west in Corea Street. To the south of the site across the Princess Highway development predominantly comprises detached houses with the Southgate Shopping Centre located further to the east. Statutory provisions 6 The site is zoned 2(b) Residential under the Sutherland Shire Local Environmental Plan 2000 ("the LEP") and in this zone townhouse development is permissible with development consent. The objectives of the zone refer to a medium density residential environment including the co-ordinated, efficient and economical development of villas and townhouses with high-quality design outcomes. 7 The site is situated in the Foreshore Scenic Protection Area ("the FSPA") under cl 19 of the LEP. It is also subject to a 30-m foreshore building line ("the FBL") under cl 20. The objective of the FSPA is to limit the scale of development and protect the landscape and visual character of foreshore areas. The objectives of the FBL include the need to preserve and enhance natural features and vegetation and prevent the erection of buildings in the area between the foreshore and the FBL. The proposed development extends close to but not beyond the FBL. 8 On 24 March 2004 the council submitted to Mr F Sartor MP the Minister for Planning, the Sutherland Shire Draft Local Environmental Plan 2004 ("the draft LEP"). Following discussions with the council the Minister wrote to advise that he intended to make number of changes (non-specific) to the draft plan including: