NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Citadel Property Group (Sutherland) Pty Ltd v Sutherland Shire Council [2009] NSWLEC 1082
APPLICANT Citadel Property Group (Sutherland) Pty Ltd PARTIES : RESPONDENT Sutherland Shire Council
FILE NUMBER(S) : 10704 of 2008
CORAM: Bly C
KEY ISSUES: DEVELOPMENT APPLICATION :- multi-storey commercial and retail building, provisions of development control plan,traffic generation, site amalgamation, internal layout, floor space ratio.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Sutherland Shire Local Environmental Plan 2006 Sutherland Shire Development Control Plan 2006
CASES CITED: Zhang v Canterbury City Council [2001] NSWCA 167
DATES OF HEARING: 4,5,6 and 11 February 2009
DATE OF JUDGMENT: 17 March 2009
APPLICANT Mr J. Robson barrister Instructed by Salim Rutherford LEGAL REPRESENTATIVES:
RESPONDENT Mr J. Cole, solicitor of HWL Ebsworth
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Bly C
17 March 2009
10704 of 2008 Citadel Property Group (Sutherland) Pty Ltd v Sutherland Shire Council
JUDGMENT Introduction 1 This appeal relates to a development application for a multi-storey commercial and retail building at 686-696 Old Princes Highway and 31 Belmont Street, Sutherland. The building is to comprise six storeys above an eight level basement. The ground floor and the lower ground floor (first basement) are to be used for retail purposes including a supermarket; the first floor is to be utilised for service and loading; the second, third, fourth and fifth floors are to be utilised for commercial purposes and the remaining seven basements will provide 297 car parking spaces. Pedestrian access to the retail floors is to be off the old highway and access to the commercial floors is off Belmont Street. Access to the loading docks and the basement car parking areas is off Belmont Street. There is to be some 4,500 sq m of retail floor space and some 4,400 sq m of commercial floorspace.
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