Urbis Pty Ltd v Sutherland Shire Council [2002] NSWLEC 20

Land and Environment Court of New South Wales

CITATION : Urbis Pty Ltd v Sutherland Shire Council [2002] NSWLEC 20 APPLICANT Urbis Pty Ltd PARTIES : RESPONDENT Sutherland Shire Council FILE NUMBER(S) : 10774 of 2000 CORAM: Pearlman J KEY ISSUES: Appeal :- s 56A - take into consideration - development control plan - traffic Environmental Planning and Assessment Act 1979 s 79C(1)(a)(iii) LEGISLATION CITED: Land and Environment Court Act 1979 s 56A Sutherland Shire Development Control Plan Heathcote Precinct 3 CASES CITED: Zhang v Canterbury City Council (2001) 115 LGERA 373 DATES OF HEARING: 15/02/2002 DATE OF JUDGMENT: 02/28/2002

APPLICANT Mr C W McEwen (Barrister) SOLICITORS Mallesons Stephen Jaques LEGAL REPRESENTATIVES: RESPONDENT Mr D P Wilson (Barrister) SOLICITORS Sutherland Shire Council

JUDGMENT:

IN THE LAND AND 10774 of 2000 ENVIRONMENT COURT Pearlman J OF NEW SOUTH WALES 28 February 2002

URBIS PTY LTD Applicant v SUTHERLAND SHIRE COUNCIL Respondent

JUDGMENT

Introduction

1. This is an appeal under s 56A of the Land and Environment Court Act 1979 brought by Sutherland Shire Council against the decision of Commissioner Roseth (now Senior Commissioner) to grant development consent to a development application for a McDonald's Restaurant and drive through take-away at 1264 - 1268 Princes Highway, Heathcote ("the site").