AV Jennings SPV No. 19 Pty Ltd v Georges River Council [2020] NSWLEC 1283

Land and Environment Court New South Wales

Medium Neutral Citation: AV Jennings SPV No. 19 Pty Ltd v Georges River Council [2020] NSWLEC 1283 Hearing dates: Conciliation conference on 19 June 2020 Date of orders: 01 July 2020 Decision date: 01 July 2020 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The Applicant is granted leave to rely on the amended plans and documents referred to in the modified conditions of development consent set out in Annexure A. (2) The Applicant is to pay the respondent's costs of $10,000.00 pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 within 28 days of the execution of this Agreement. (3) The appeal is upheld. (4) The modification application lodged directly with the Court on 15 May 2019 to modify development consent No. DA9/2017/112/1, which the Court granted by way of orders made on 20 September 2018, for the construction of a residential flat building comprising fifty one (51) residential dwellings and six (6) serviced apartments over three (3) levels of basement parking for sixty three (63) car parking spaces at 2 – 10 Palmerston Street, Kogarah is determined by approving the modifications as set out in the plans and documents listed at Condition 1 in Annexure B. (5) As a consequence of (4) above, Development Consent No. DA9/2017/112/1 is now subject to the consolidated, modified conditions of development consent set out in Annexure B. Catchwords: MODIFICATION APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Kogarah Local Environmental Plan 2012 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Texts Cited: Kogarah Development Control Plan 2013 Category: Principal judgment Parties: AV Jennings SPV No. 19 Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: T Neal (Solicitor) (Applicant) S Wilson (Solicitor) (Respondent)