Innovate Architects v Sutherland Shire Council [2017] NSWLEC 1067

Land and Environment Court New South Wales

Medium Neutral Citation: Innovate Architects v Sutherland Shire Council [2017] NSWLEC 1067 Hearing dates: 30 January 2017 Date of orders: 24 March 2017 Decision date: 17 February 2017 Jurisdiction: Class 1 Before: Dickson, C Decision: Directions at [73] Catchwords: DEVELOPMENT APPEAL: Appeal against refusal of amendment application to a residential flat building – appropriateness of increased floor area – adequacy of side setback – building separation and impact on adjoining site – streetscape presentation – bulk and scale Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy 65: Design Quality of Residential Apartment Development Cases Cited: Hurley v Sutherland Shire Council [2016] NSWLEC 1630 Progress and Securities v North Sydney Municipal Council [1998] 66LGRA236 Walton v Blacktown Council [2006] NSWLEC451 Gann v Sutherland Shire Council [2008] NSWLEC 1228 Texts Cited: LEC Practice Note Class 1 Development Appeals Apartment Design Guide Category: Principal judgment Parties: Innovate Architects Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: R O'Gorman Hughes (Respondent)