Sutherland District Trade Union Club Ltd v Sutherland Shire Council [2025] NSWLEC 1074

Sutherland District Trade Union Club Ltd v Sutherland Shire Council [2025] NSWLEC 1074

The applicant's written requests to contravene height and floor space ratio development standards have adequately demonstrated that compliance is unreasonable or unnecessary, that environmental planning grounds exist to justify the contraventions, and that the proposal is consistent with relevant planning objectives and is in the public interest. Accordingly, development consent should be granted subject to conditions.

Parties
Applicant: Sutherland District Trade Union Club Ltd; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
29 January 2025
Procedural Posture
Class 1 Development Appeal / Final Determination
Outcome
Appeal upheld; development consent granted
Legal Topics
Development Consent, Variation of Development Standards, Height of Buildings, Floor Space Ratio, Urban Design, View Impacts
Planning and Environmental Law Administrative Law Development Consent Variation of Development Standards Height of Buildings Floor Space Ratio Urban Design View Impacts

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Parties

Sutherland District Trade Union Club Ltd

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Class 1 Development Appeal / Final Determination

Legal Issues

  1. 1 Whether the applicant's variation to the height development standard is justified
  2. 2 Whether the applicant's variation to the floor space ratio development standard is justified
  3. 3 Whether the built form and design is acceptable

Ratio Decidendi

The applicant's written requests to contravene height and floor space ratio development standards have adequately demonstrated that compliance is unreasonable or unnecessary, that environmental planning grounds exist to justify the contraventions, and that the proposal is consistent with relevant planning objectives and is in the public interest. Accordingly, development consent should be granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted

Orders

  • The written request seeking to justify contravention of the height of buildings development standard at cl 4.3 SSLEP 2015, prepared by Planning Ingenuity and dated 4 December 2024, is upheld.
  • The written request seeking to justify contravention of the floor space ratio development standard at cl 4.4 SSLEP 2015, prepared by Planning Ingenuity and dated 4 December 2024, is upheld.