Westfield Limited v Sutherland Shire Council [2011] NSWLEC 1333

Land and Environment Court New South Wales

Medium Neutral Citation: Westfield Limited v Sutherland Shire Council [2011] NSWLEC 1333 Hearing dates: 19-23 September 2011 Decision date: 17 November 2011 Jurisdiction: Class 1 Before: Tuor C Decision: The parties are to file Short Minutes of Order which reflect this judgment by 24 November 2011. Catchwords: APPEALS - development application and applications to modify condition of consents to provide controlled access to Westfield Miranda car park. Social and economic impacts of the proposal on the locality. Demand for parking in surrounding streets and impact on residential amenity. Legislation Cited: Environmental Planning and Assessment Act 1979 Sutherland Local Environmental Plan 2006 Cases Cited: Health Projects International v Baulkham Hill Shire Council [2008] NSWLEC 1477 Milne v Minister for Planning (No 2) [2007] NSWLEC 66 Randell v Willoughby City Council [2005] NSWCA 205 Westfield Limited v Burwood Council (Appeal N0: 10139 of 2011 dated 1 May 2000) Category: Principal judgment Parties: Westfield Limited (Applicant)

Sutherland Shire Council (Respondent) Representation: Counsel Mr A Galasso, SC with Mr N Eastman, barrister (Applicant)

Mr T Robertson, SC (Respondent) Solicitors Mallesons Stephen Jaques (Applicant)

Pikes Lawyers (Respondent) File Number(s): 10176, 10177 and 10178 of 2011

Judgment 1These are three appeals in relation to the provision of car parking for staff and visitors at Westfield Miranda Shopping Centre, 600 and 542-572 Kingsway, Miranda (the site). 2Appeal 10178 of 2011 is against the refusal by Sutherland Shire Council (council) of a development application under the Environmental Planning and Assessment Act 1979 (EPA Act) to install a car park control system (DA10/0877). 3Appeal 10177 of 2011 is against the refusal by the council of a modification application (MA10/0299) under s 96(1A) of the EPA Act to modify a development consent (DEV900349) to delete the wording 'on an unrestricted basis' from condition 21 to enable controlled parking. 4Appeal number 10176 of 2011 is against the refusal by the council of a modification application (MA10/0298) under s 96(1A) of the EPA Act to modify a development consent (DA08/1163) to delete the wording 'on an unrestricted basis' from condition 71 to enable controlled parking. 5The parties agree that the appeals may be heard together and that the evidence in one appeal is evidence in the other. 6The key issues between the parties are whether the proposal will have an unacceptable social and economic impact on staff and visitors to Westfield, which will result in the displacement of cars to surrounding streets and impact on residential amenity. The issues in dispute centred on the number of car spaces that should be allocated for staff parking and whether a fee should be charged for visitor and staff parking.