Illawong Village Pty Ltd v Sutherland Shire Council [2004] NSWLEC 108

Land and Environment Court of New South Wales

CITATION : Illawong Village Pty Ltd v Sutherland Shire Council [2004] NSWLEC 108 APPLICANT Illawong Village Pty Ltd PARTIES : RESPONDENT Sutherland Shire Council

FILE NUMBER(S) : 10243, 10245 and 10903 of 2003 CORAM: Nott C KEY ISSUES: Development Application :- Appeals re proposed extensions and additions to a shopping centre - new loading area - impact on residential amenity - traffic - shoptop housing - restriction on percentage of residential floor space - utility of s 96 application LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 96, s97 CASES CITED: DATES OF HEARING: 19-21, 24-25 November 2003; 24 (mention) and 30 March 2004 DATE OF JUDGMENT: 04/30/2004

APPLICANT Mr N D Howie, solicitor SOLICITORS Wilshire Webb LEGAL REPRESENTATIVES: RESPONDENT Mr S Berveling, barrister SOLICITOR Mr C Mathieson

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10243, 10245 and 10903 of 2003

Nott C

30 April 2004

Illawong Village Pty Ltd Applicant v

Sutherland Shire Council Respondent

Judgment

OVERVIEW

1. These three appeals relate to proposed retail, commercial and residential extensions and additions to the Illawong Village Shopping Centre, Fowler Road, Illawong.

2. Briefly, Appeal 10243 of 2003 is in respect of a development application lodged with the council on 22 August 2001 for retail extensions and additions, including the relocation of the loading dock of the Coles supermarket and the erection of a new carpark, which could conveniently be referred to as the retail DA.