ROI Properties Pty Ltd v Council of the City of Sydney [2011] NSWLEC 1023

Land and Environment Court New South Wales

Medium Neutral Citation: ROI Properties Pty Ltd v Council of the City of Sydney [2011] NSWLEC 1023 Hearing dates: 24, 25, 27, 28 January 2011 Decision date: 11 February 2011 Jurisdiction: Class 1 Before: Morris C Decision: 1.The appeal is dismissed; 2. Development Application D/2010/1350 which proposed the alterations and additions to three adjoining warehouse units at Nos. 2-10 Fountain Street, Alexandria to accommodate a supermarket including fresh food, specialty shop and offices is refused. 3. The exhibits are returned. Catchwords: Development application; alterations and additions to an existing building to provide for a supermarket; inconsistent with planning strategies for the area; weight to be given to council policy and draft LEP; retail hierarchy. Legislation Cited: Environmental Planning and Assessment Act 1979; South Sydney Local Environmental Plan 1998; Draft Sydney Local Environmental Plan 2011; Standard Instrument (Local Environmental Plans) Order 2006. Cases Cited: ROI Properties Pty Ltd v Council of the City of Sydney [2010] NSWLEC 1096; Segal & Anor v Waverley Council [2005] NSWCA 310; Schaffer Corporation Limited v Council of the City of Hawkesbury [1992] 77 LGRA 21; Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472; Renaldo Plus 3 Pty Limited v Hurstville City Council [2005] NSWLEC 315 Blackmore Design Group Pty Ltd v North Sydney Council [2001] NSWLEC 279; Terrace Tower Holdings Pty Limited v Sutherland Shire Council [No. 2] [2002] NSWLEC 150. Texts Cited: Strategy for a Sustainable City of South Sydney; South Sydney Development Control Plan 1997: Urban Design; South Sydney City Council Development Control Plan No. 11 - Transport Guidelines for Development 1996; Sustainable Sydney 2030 The Vision; Green Square and Southern Areas Retail Study. Category: Principal judgment Parties: ROI Properties Pty Ltd (Applicant) Sydney City Council (Respondent) Representation: Counsel: Mr G Green Solicitor (Applicant) Mr P Tomasetti SC (Respondent) Solicitors: Pikes Lawyers (Applicant) Maddocks Lawyers (Respondent) File Number(s): 10815 of 2010