HGM Corp Pty Ltd v Sutherland Shire Council [2020] NSWLEC 1418

HGM Corp Pty Ltd v Sutherland Shire Council [2020] NSWLEC 1418

Amalgamation of the subject site with the Caringbah Hotel site was not feasible despite reasonable efforts. The proposed development in isolation satisfies relevant planning instruments, achieves the strategic intent for the locality, complies with council controls, and construction and amenity impacts can be managed through conditions. The lack of amalgamation does not preclude acceptable, orderly, and economic development. Public artwork on the blank wall mitigates interim adverse urban design impacts.

Parties
Applicant: HGM Corp Pty Ltd; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
10 September 2020
Procedural Posture
Appeal (class 1) / Final Judgment
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
Development Applications, Site Amalgamation, Mixed Use Developments, Statutory Planning Instruments, Bulk and Scale, Urban Design, Stormwater Management, Construction Management
Planning and Environment Law Development Applications Site Amalgamation Mixed Use Developments Statutory Planning Instruments Bulk and Scale Urban Design Stormwater Management +1 more

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Parties

HGM Corp Pty Ltd

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Appeal (class 1) / Final Judgment

Legal Issues

  1. 1 Whether consent should be granted for a six storey mixed use development on the subject site despite lack of site amalgamation with the adjoining property;
  2. 2 Whether the proposed development is consistent with relevant planning instruments and Council's vision for the Caringbah Centre;
  3. 3 Amalgamation requirements;

Ratio Decidendi

Amalgamation of the subject site with the Caringbah Hotel site was not feasible despite reasonable efforts. The proposed development in isolation satisfies relevant planning instruments, achieves the strategic intent for the locality, complies with council controls, and construction and amenity impacts can be managed through conditions. The lack of amalgamation does not preclude acceptable, orderly, and economic development. Public artwork on the blank wall mitigates interim adverse urban design impacts.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • The appeal is upheld.
  • Development consent is granted to Development Application No. DA18/0871 (as amended) for the demolition of existing structures and construction of a six storey mixed use development comprising two ground floor retail spaces, 17 residential units and 23 car spaces over two basement levels at 347 - 357 Port Hacking...