Landmark Group Australia Pty Ltd v Sutherland Shire Council [2016] NSWLEC 1577

Land and Environment Court New South Wales

Medium Neutral Citation: Landmark Group Australia Pty Ltd v Sutherland Shire Council [2016] NSWLEC 1577 Hearing dates: 28 November 2016 Date of orders: 02 December 2016 Decision date: 02 December 2016 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: MODIFICATION OF CONSENT: calculation of floor space ratio; whether two units should be deleted from development Legislation Cited: Environmental Planning and Assessment Act 1979; State Environmental Planning Policy (Affordable Rental Housing) 2009; State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Cases Cited: GGD Danks Street P/L and CR Danks Street P/L v Council of the City of Sydney [2015] NSWLEC 1521 Texts Cited: Apartment Design Guide; Draft Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Landmark Group Australia Pty Ltd (Applicant)

Sutherland Shire Council (Respondent) Representation: Counsel:

Ms S Duggan (Applicant)

Ms J Reid (Respondent)

Solicitors:

Anthony Whealy, Mills Oakley (Applicant)

Janelle Amy, Sutherland Shire Council (Respondent) File Number(s): 247818/2016

Judgment 1. Sutherland Shire Council granted consent to Development Application DA15/1586 on 15 June 2016. That application had been lodged by Landmark Group Australia Pty Ltd (Landmark) on 14 December 2015. The consent authorised demolition of existing structures and construction of a residential flat development under the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 (SEPPARH). 2. Landmark lodged an application to modify the consent on 5 July 2016 pursuant to the provisions of s96(1A) of the Environmental Planning and Assessment Act 1979 (EP&AAct) seeking to delete condition 2A vi). The council had not determined this application within the prescribed period and Landmark is appealing its deemed refusal pursuant to s97AA(b) of the Act.