Best Build NSW Pty Ltd v Georges River Council [2020] NSWLEC 1301

Land and Environment Court New South Wales

Medium Neutral Citation: Best Build NSW Pty Ltd v Georges River Council [2020] NSWLEC 1301 Hearing dates: 23 June 2020 Date of orders: 15 July 2020 Decision date: 15 July 2020 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders: (1) The Applicant is granted leave to rely upon amended plans and documents referred to in Annexure A. (2) The Applicant is to pay the Respondent's costs pursuant to section 8.15(3) of the Act in the amount of $57,500.00 on or before 23 July 2020 in full and final satisfaction of all the cost orders made in these proceedings. For clarity, all previous costs orders made in these proceedings are set aside. (3) The appeal is upheld. (4) Development consent is granted to Development Application No DA 2018/0201 for the demolition of existing structures and construction of a 6 storey boarding house development comprising 29 rooms inclusive of site manager's room over basement car parking at property Lot A DP 371957 known as 3 Gray Street, Kogarah subject to the amended plans referred to at Annexure A and the conditions contained at Annexure B. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – boarding house development – amended plans – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Greater Metropolitan Regional Environmental Plan No. 2 – Georges River Catchment Kogarah Local Environmental Plan 2012 Land and Environment Court Act 1979 State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007 Category: Principal judgment Parties: Best Build NSW Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: S Patterson (Solicitor) (Applicant) J Ware (Solicitor) (Respondent)