Gerrale Group Investments Pty Ltd v Sutherland Shire Council [2020] NSWLEC 1042

Land and Environment Court New South Wales

Medium Neutral Citation: Gerrale Group Investments Pty Ltd v Sutherland Shire Council [2020] NSWLEC 1042 Hearing dates: 5-6 December 2019; 9 December 2019; Written submissions on 12 December 2019; 16 December 2019; 20 December 2019 Date of orders: 13 February 2020 Decision date: 13 February 2020 Jurisdiction: Class 1 Before: Morris AC Decision: The Court orders: (1) The appeal is dismissed. (2) Development Application DA19/0300 for demolition of an existing residential flat building and construction of a 9 storey residential flat building containing 26 units with 4 levels of basement car parking and strata subdivision at 79-81 Gerrale Street, Cronulla is refused consent. (3) The exhibits, other than Exhibits 6, B and C, are returned. Catchwords: DEVELOPMENT APPLICATION – residential flat building – bulk – scale – character –impact on adjoining properties – amenity Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Sutherland Shire Local Environmental Plan 2015 Cases Cited: Arnott v City of Sydney Council [2015] NSWLEC 1052 CSA Architects v Randwick City Council [2004] NSWLEC 179 Landmark Group Australia Pty Ltd v Sutherland Shire Council [2016] NSWLEC 1577 Tenacity Consulting v Warringah (2004) 134 LGERA 23; [2004] NSWLEC 140 Texts Cited: Apartment Design Guide Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Gerrale Group Investments Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: T Hale SC (Applicant) M Wright SC (Respondent)