Markev Investments Pty Ltd v Sutherland Shire Council [2004] NSWLEC 88

Land and Environment Court of New South Wales

CITATION : Markev Investments Pty Ltd v Sutherland Shire Council [2004] NSWLEC 88 revised - 3/06/2004 APPLICANT Markev Investments Pty Ltd PARTIES : RESPONDENT Sutherland Shire Council FILE NUMBER(S) : 10139 of 2003 CORAM: Hussey C Development Application :- Mixed use residential/parking development - appropriatness of development - design elements - orderly development KEY ISSUES: Principles - Mixed use residential amentiy - Orderly development LEGISLATION CITED: State Environmental Planning Policy No. 65 Sutherland Shire LEP 2000 CASES CITED: DATES OF HEARING: 04-06/08/2003, 17/11/2003 and 20/02/2004 DATE OF JUDGMENT: 03/19/2004

APPLICANT Mr G Newport, barrister

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

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

10139 of 2003

Hussey C

19 March 2004

Markev Investments Pty Limited Applicant v

Sutherland Shire Council Respondent

Background

1 . This appeal is against council's refusal of a development application for alterations to an existing hotel development and construction of an associated residential flat building (RFB) in the Engadine town centre. The Engadine Hotel has been in existence for many years and has progressively acquired additional surrounding landholdings. In 1994, consent was granted for the refurbishment, additions and carparking upgrade for the hotel.