The Gallery at Kogarah Pty Limited v Georges River Council [2020] NSWLEC 1426

Land and Environment Court New South Wales

Medium Neutral Citation: The Gallery at Kogarah Pty Limited v Georges River Council [2020] NSWLEC 1426 Hearing dates: Conciliation conference on 6 August 2020 Date of orders: 11 September 2020 Decision date: 11 September 2020 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) Leave is granted for the Applicant to rely on the amended and additional plans, drawings and materials as referred to in the conditions of consent at Annexure B and listed at Annexure A. (2) The Applicant is to pay the Respondent's costs thrown away as a result of the amendments to the development application in accordance with section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount to be agreed or assessed. (3) The Applicant's Clause 4.6 written request application prepared by Mersonn Pty Ltd in relation to the height of buildings development standard contained in clause 4.3 of the Kogarah Local Environmental Plan 2012 (NSW) is upheld. (4) The appeal is upheld. (5) Development consent is granted to Development Application No. DA2020/0022 lodged with the Respondent on 24 January 2020 and as now amended with the plans, drawings and material listed at Annexure A for the demolition of all existing buildings and structures and construction of an 11 storey residential flat building with 3 levels of basement parking at 58-68 Regent Street, Kogarah, subject to the conditions at Annexure B. Catchwords: DEVELOPMENT APPLICATION – residential flat building - 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 No 55—Remediation of Land Category: Principal judgment Parties: The Gallery at Kogarah Pty Limited (Applicant) Georges River Council (Respondent) Representation: Counsel: A Whealy (Solicitor) (Applicant) J Hewitt (Solicitor) (Respondent)