Stockland and Anor v Manly Council [2009] NSWLEC 1145

Land and Environment Court of New South Wales

CITATION : Stockland and Anor v Manly Council [2009] NSWLEC 1145

APPLICANTS Stockland Developments Pty Limited PARTIES : Abigroup Contractors Pty Limited

RESPONDENT Manly Council

FILE NUMBER(S) : 11295-298, 11300-305 of 2008

CORAM: Brown C

KEY ISSUES: DEVELOPMENT CONSENT :- 10 related but separate appeals that involve an approved mixed use development - modification of conditions of consent requiring prohibition of plastic bags, non-recyclable or non-biodegradable plastic or foam food and drink containers, the provision of dedicated parking for a licensed club and conditions for stratum and strata subdivisions

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 6,7,8,9/04/09

DATE OF JUDGMENT: 15 May 2009

APPLICANT Mr J Robson SC SOLICITORS Deacons LEGAL REPRESENTATIVES: RESPONDENT Mr J Johnson, barrister SOLICITORS Pikes Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

15 May 2009

11295-298, 11300-304 of 2008 Stockland Developments Pty Limited v Manly Council

11305 of 2008 Abigroup Contractors Pty Limited v Manly Council

JUDGMENT 1 COMMISSIONER: These are 10 related but separate appeals that involve an approved mixed use development on land bounded by Sydney Road, Condamine Street, Griffiths Street and Woodland Street at Balgowlah. There are separate approvals for different uses and staging. The site has an area of some 20,265 sq m and the approval provides for a Coles supermarket, specialty shops, a licensed Masonic club (the Club), a Vintage Cellars liquor outlet, gymnasium and around 240 residential units. Basement car parking is provided for some 1060 car parking spaces. The proposed development is currently under construction and the retail component is planned to open on 15 June 2009. The appeals 2 Appeal No 11295 of 2008: this is an appeal against the deemed refusal of an application under s 96(1A) to modify conditions ANS 09, ANS 10, ANS 11, ANS 13 and ANS 14 of Development Consent No 314/07. The conditions relate to the approval of the Club and in summary require: o the provision of 118 dedicated spaces for the Masonic Club (ANS 09), o the marking, signposting and separation of the car parking spaces from other car parking in the development (ANS 10), o the provision of details to utilise vouchers for the retail parking area free of charge when the Club car parking exceeds the capacity of the designated car parking spaces (ANS 11), o the relocation of the proposed loading zone in Lane 34 (ANS 13), o the provision of a revised traffic impact statement (ANS 14). 3 During the hearing, the parties further considered the proposed loading zone in Lane 34 (ANS 13) to serve the Club and agreed on amendments to the configuration of the loading zone to allow it to remain in Lane 34. Also, the provision of a revised traffic impact statement (ANS 14) was not pressed by the council.