Truland Development Pty Ltd v Georges River Council [2020] NSWLEC 1496

Land and Environment Court New South Wales

Medium Neutral Citation: Truland Development Pty Ltd v Georges River Council [2020] NSWLEC 1496 Hearing dates: 28 – 30 September 2020 Date of orders: 20 October 2020 Decision date: 20 October 2020 Jurisdiction: Class 1 Before: Dickson C Decision: The orders of the Court are: (1) The Applicant is granted leave to rely on amended architectural plans as contained in Exhibit T. (2) As the parties agree that the changes to the development in (1) are not minor the Applicant is to pay the Respondent's costs thrown away as a consequence of the amendments pursuant to section 8.15(3) of the Environmental Planning & Assessment Act 1979 as agreed or assessed. (3) The development application DA2018/0513 for demolition of the four dwelling houses and associated garages/outbuildings; works to the heritage item and its conversion of the item for use as an apartment and in part for communal facilities; construction of a new seven storey residential flat building with two levels of basement parking and a total of 49 units at 188 (also known as 186 - 188) and 190 Princes Highway, Beverley Park, and 2, 4 and 6 Lacey Street, Kogarah Bay is refused. (4) The exhibits are returned with the exception of Exhibit T, M and 6. Catchwords: DEVELOPMENT APPLICATION – heritage item – proposed new apartments on the site of the heritage item and adjoining sites – conservation works – appropriate curtilage and setbacks – positive benefits of the proposal in balance with detrimental impacts – whether overall the proposed development impacts on the heritage significance of the item – variation sought to the maximum height standard – whether the variation request adequate and should be upheld – area experiencing redevelopment – compatibility with desired future character – setback variation to two street frontages – transition to low density development adjacent – appeal dismissed Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Kogarah Local Environmental Plan 2012 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy 65–Design Quality of Residential Apartment Development Cases Cited: Addenbrooke Pty Ltd v Woollahra Municipal Council [2008] NSWLEC 190 Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (Northern Territory) (2009) 239 CLR 27; [2009] HCA 41 Botany Bay City Council v Saab (2011) 82 NSWLR 171; [2011] NSWCA 308 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 George v City of Parramatta Council [2017] NSWLEC 1366 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Linfield Developments Pty Ltd v Cumberland Council [2019] NSWLEC 131 Project Venture Developments Pty Ltd v Pittwater Council (2005) 141 LGERA 80 [2005] NSWLEC 191 Randwick City Council v Micaul Holdings Pty Ltd (2016) 225 LGERA 94; [2016] NSWLEC 7 Rebel MH Neutral Bay Pty Ltd v North Sydney Council 241 LGERA 107; [2018] NSWLEC 191 Schaffer Corporation v Hawkesbury City Council (1992) 77 LGERA 21 SJD DB2 Pty Ltd v Woollahra Municipal Council [2020] NSWLEC 1112 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Apartment Design Guide Kogarah Development Control Plan 2013 Macquarie Dictionary Eighth Edition The Burra Charter: The Australia ICOMOS Charter for Places of Cultural Significance, 2013 Category: Principal judgment Parties: Truland Development Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) J Cole (Solicitor) (Respondent)