Restifa Pty Ltd v Sutherland Shire Council & ors [2009] NSWLEC 1267

Restifa Pty Ltd v Sutherland Shire Council & ors [2009] NSWLEC 1267

The appeal was dismissed because the proposed retail component, especially the size of the supermarket, was inconsistent with the strategic planning framework and centre hierarchy established by LEP 2006 and DCP 2006, lacked adequate economic impact assessment for a 4,500 sqm supermarket, failed to conclusively demonstrate satisfactory ecological and water quality management, and could not be sufficiently remedied by deferred commencement conditions, rendering the development application inappropriate for approval.

Jurisdiction
Australia
Judgment Date
07 August 2009
Procedural Posture
Environment and Planning Appeal / Final Judgment
Outcome
appeal dismissed; development application refused
Legal Topics
['development Control Plans' 'local Environmental Plans' 'economic Impact Assessment' 'ecological Impact' 'retail Centre Hierarchy' 'deferred Commencement Conditions']
['planning and Environment Law'] ['development Control Plans' 'local Environmental Plans' 'economic Impact Assessment' 'ecological Impact' 'retail Centre Hierarchy' 'deferred Commencement Conditions']

Case Brief

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Procedural Posture

Environment and Planning Appeal / Final Judgment

Legal Issues

  1. 1 ['Consistency of development application with Local Environmental Plan 2006 and Development Control Plan 2006' 'Economic impact of proposed retail development on Kirrawee and Sutherland Centres' 'Adequacy of ecological and water quality measures for threatened species habitat' 'Integration of urban design and planning framework' 'Appropriate weight to planning instruments and amendments']

Ratio Decidendi

The appeal was dismissed because the proposed retail component, especially the size of the supermarket, was inconsistent with the strategic planning framework and centre hierarchy established by LEP 2006 and DCP 2006, lacked adequate economic impact assessment for a 4,500 sqm supermarket, failed to conclusively demonstrate satisfactory ecological and water quality management, and could not be sufficiently remedied by deferred commencement conditions, rendering the development application inappropriate for approval.

Court Disposition

appeal dismissed; development application refused

Orders

  • ['The appeal is dismissed.' 'The development application for a mixed use development at 566-594 Princes Highway, Kirrawee, is refused.' 'The exhibits, except Exhibit 49, are returned.']