Touma Carlton Pty Ltd v Georges River Council [2020] NSWLEC 1408

Land and Environment Court New South Wales

Medium Neutral Citation: Touma Carlton Pty Ltd v Georges River Council [2020] NSWLEC 1408 Hearing dates: Conciliation conference on 1 September 2020 Date of orders: 4 September 2020 Decision date: 04 September 2020 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The Applicant is granted leave to amend the development application and rely on the amended plans referred to in Condition 1 of Annexure A. (2) The clause 4.6 objection on the 1.7m variation of the height limit under clause 4.3 of the Kogarah Local Environmental Plan 2012 is upheld. (3) The appeal is upheld. (4) Development Application DA 2019/0116 for demolition of existing structures and construction of a six (6) storey mixed used development with eight (8) commercial tenancies and thirty seven (37) residential units over two (2) levels of basement car parking on the land legally described as Lot 202 in DP746731 known as 253-255 Princes Highway, Carlton, NSW is approved subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 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 55—Remediation of Land State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Texts Cited: New South Wales of Department and Planning, Apartment Design Guide (2015) Category: Principal judgment Parties: Touma Carlton Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: C McEwen SC (Applicant) J Cole (Solicitor) (Respondent)