Wen v Georges River Council [2020] NSWLEC 1603

Land and Environment Court New South Wales

Medium Neutral Citation: Wen v Georges River Council [2020] NSWLEC 1603 Hearing dates: Conciliation conference on 3 November 2020 and 25 November 2020 Date of orders: 3 December 2020, and amended on 21 December 2020 Decision date: 03 December 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to amend the development application and rely upon the following plans in the proceedings referred to at condition 1 in schedule 2 to Annexure A. (2) The Applicant is to pay the Respondent's costs thrown away in accordance with s8.15(3) of the Environmental Planning and Assessment Act 1979, in the sum of $8,500.00 within 28 days. (3) The appeal is upheld. (4) Development application DA2020/0147 seeking demolition of existing structures and construction of a four storey boarding house comprising 39 boarding rooms plus 1 onsite managers room and a basement parking on Lots 3 and 4 in DP 331095, known as 3 and 3A Cambridge Street Penshurst NSW 2222 is approved subject to the conditions contained in annexure A. Catchwords: DEVELOPMENT APPLICATION – boarding house development – R3 Medium Residential zone – conciliation conference – agreement between parties – orders 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 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2009 State Environmental Planning Policy No 55 – Remediation of Land Category: Principal judgment Parties: Jiang Wen (Applicant) Georges River Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) S Puckeridge (Solicitor) (Respondent)