Landmark Group Australia Pty Limited v Sutherland Shire Council [2025] NSWLEC 1002

Landmark Group Australia Pty Limited v Sutherland Shire Council [2025] NSWLEC 1002

Consent was granted, and the appeal upheld, because the amended application satisfied jurisdictional and planning requirements; provisions for exceedance of FSR and height were justified, the site suitability and compliance with design and affordable housing requirements was demonstrated, and the parties agreed to the orders under s 34 of the Land and Environment Court Act 1979.

Parties
Applicant: Landmark Group Australia Pty Limited; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
06 January 2025
Procedural Posture
Class 1 Appeal / Post Conciliation, Orders Issued
Outcome
Appeal upheld; development consent granted subject to conditions; applicant to pay respondent's costs for amendment
Legal Topics
Development Applications, Residential Apartment Development, Affordable Housing, Amendment of Development Consent, Floor Space Ratio, Building Height
Environmental Law Planning Law Development Applications Residential Apartment Development Affordable Housing Amendment of Development Consent Floor Space Ratio Building Height

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Parties

Landmark Group Australia Pty Limited

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Class 1 Appeal / Post Conciliation, Orders Issued

Legal Issues

  1. 1 Whether amended development application DA24/0230 should be approved for changes to affordable housing allocation and door/window openings
  2. 2 Whether exceedance of Floor Space Ratio and building height standards is justified under relevant planning instruments

Ratio Decidendi

Consent was granted, and the appeal upheld, because the amended application satisfied jurisdictional and planning requirements; provisions for exceedance of FSR and height were justified, the site suitability and compliance with design and affordable housing requirements was demonstrated, and the parties agreed to the orders under s 34 of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted subject to conditions; applicant to pay respondent's costs for amendment

Orders

  • Applicant to pay Respondent's costs thrown away by amendment of Development Application, in the sum of $10,000.00 within 28 days.
  • Appeal is upheld.