NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Dan Properties Pty Ltd v Sutherland Shire Council [2020] NSWLEC 1172 Hearing dates: 28-29 November 2019; submissions 21 December 2019; 4 and 14 February 2020 Date of orders: 14 April 2020 Decision date: 14 April 2020 Jurisdiction: Class 1 Before: Clay AC Decision: The Court orders that: (1) The appeal is dismissed. (2) Development application DA 18/1002 for proposed alterations to Bates Drive for a driveway exit from parking level P4, and relocation of approved car wash on parking level P4 as part of the existing Kareela Village Shopping Centre at 1-13 Freya Street, Kareela is refused. (3) The exhibits other than Exhibits 6 and E are returned. Catchwords: DEVELOPMENT APPLICATION –shopping centre – additional point of egress – road hierarchy – safe and convenient access – landscape character Legislation Cited: Environmental Planning and Assessment Act 1979 Roads Act 1993 Sutherland Shire Local Environmental Plan 2015 Texts Cited: Austroads Guide to Road Safety Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Dan Properties Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: A Cornish (Applicant) J Cole (Solicitor) (Respondent)
Solicitors: Harris & Company (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s): 2019/102383 Publication restriction: No
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