Thomas v Georges River Council [2020] NSWLEC 1473

Land and Environment Court New South Wales

Medium Neutral Citation: Thomas v Georges River Council [2020] NSWLEC 1473 Hearing dates: 11, 14 September 2020 Date of orders: 06 November 2020 Decision date: 14 September 2020 Jurisdiction: Class 1 Before: Clay AC Decision: The Court orders that: (1) The appeal is allowed. (2) Development consent is granted to development application number DA2019/0160 for alterations and additions to, construction of a car park at, and the use of certain areas at, the Penshurst Hotel, 29 Penshurst Street, Penshurst in accordance with the conditions in Annexure A hereto. (3) The Exhibits other than exhibits A and 1 shall be returned. Catchwords: DEVELOPMENT APPLICATION – hotel – demolition of part and construction of parking area – minor internal changes – remaining issues relate only to conditions – landscaping of carpark – carpark closing – acoustic audits – whether the provision of additional documents amounts to an amendment of the development application Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Hurstville Local Environmental Plan 2012 Land and Environment Court Act 1979 Land and Environment Court Rules 2007 Cases Cited: Newland Developers Pty Ltd v Tweed Shire Council [2020] NSWLEC 1107 Texts Cited: Hurstville Development Control Plan No. 1 Land and Environment Court of New South Wales COVID-19 Pandemic Arrangements Policy (July 2020) Category: Principal judgment Parties: Christopher Thomas (Applicant) Georges River Council (Respondent) Representation: Counsel: M Seymour (Applicant) N Hammond (Respondent)