Citadel Property Group (Sutherland) Pty Ltd v Sutherland Shire Council [2009] NSWLEC 1082

Citadel Property Group (Sutherland) Pty Ltd v Sutherland Shire Council [2009] NSWLEC 1082

The proposed development was refused because, although the Court accepted the applicant's floor space ratio approach and found no floor space ratio non-compliance, the development failed to give sufficient recognition and weight to significant site-specific DCP controls. The exclusion of 700-702 Old Princes Highway compromised the planned built form separation, the proposal failed to provide the required public lane and pedestrian route, ignored important boundary setback and building envelope requirements, provided insufficient active frontage and had awkward lower-level layouts. These DCP failures meant the proposal would be inconsistent with and would impede development in accordance...

Jurisdiction
Australia
Judgment Date
17 March 2009
Procedural Posture
Development Application Appeal Concerning a Multi Storey Commercial and Retail Building / Judgment After Hearing
Outcome
Appeal dismissed; development application refused.
Legal Topics
['development Application' 'development Control Plan' 'traffic Generation' 'site Amalgamation' 'internal Layout' 'floor Space Ratio' 'building Envelope and Setbacks' 'active Frontages']
['environmental Planning and Development Control' 'land and Environment'] ['development Application' 'development Control Plan' 'traffic Generation' 'site Amalgamation' 'internal Layout' 'floor Space Ratio' 'building Envelope and Setbacks' 'active Frontages']

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Procedural Posture

Development Application Appeal Concerning a Multi Storey Commercial and Retail Building / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the proposed development complied with or should be refused having regard to the Sutherland Shire Development Control Plan 2006.' 'Whether the proposed development exceeded the maximum floor space ratio under the Sutherland Shire Local Environmental Plan 2006.' 'Whether failure to amalgamate the site with 700-702 Old Princes Highway compromised the planning strategy and building envelope controls.' 'Whether failure to provide the proposed public lane and pedestrian route was acceptable.' 'Whether the proposed building envelope, setbacks, active frontages, internal layout, parking and traffic arrangements were acceptable.']

Ratio Decidendi

The proposed development was refused because, although the Court accepted the applicant's floor space ratio approach and found no floor space ratio non-compliance, the development failed to give sufficient recognition and weight to significant site-specific DCP controls. The exclusion of 700-702 Old Princes Highway compromised the planned built form separation, the proposal failed to provide the required public lane and pedestrian route, ignored important boundary setback and building envelope requirements, provided insufficient active frontage and had awkward lower-level layouts. These DCP failures meant the proposal would be inconsistent with and would impede development in accordance...

Court Disposition

Appeal dismissed; development application refused.

Orders

  • ['The appeal is dismissed.' 'The development application (DA 08/0238) for a multi-storey commercial and retail building at 686-696 Old Princes Highway and 31 Belmont Street, Sutherland is determined by the refusal of the application.' 'Exhibit A is retained.']