Beverley Park Golf Club Ltd v Georges River Council [2020] NSWLEC 1679

Land and Environment Court New South Wales

Medium Neutral Citation: Beverley Park Golf Club Ltd v Georges River Council [2020] NSWLEC 1679 Hearing dates: Conciliation on 16 November 2020 and 4 December 2020 Date of orders: 24 December 2020 Decision date: 24 December 2020 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) Leave is granted to the Applicant to rely on the following amended material annexed to this Agreement and marked "A": (a) Plans prepared by Harrison Friedmann & Associates Pty Ltd dated 24 November 2020 Reference No. 62963DT Sheets 1 to 5. (b) Plans prepared by Russell Lee and Paul Scrivener (Ref 20/2216) dated 14 December 2020 Revision No. K. Being "Landscape Site Plan, Landscape Plan Detail Area A, Landscape Plan Detail Area B, Landscape Plan Detail Area C, Landscape Plan Detail Area D, Landscape Plan Detail Area A1, A2 and B1, Landscape Plan Detail Area B2 and B3, Landscape Plan Detail Area D1, Landscape Plan Detail Area C1 and C2. (2) The Applicant is to pay the Respondent's costs thrown away as a result of amending the development application under section 8.15(3) of the Environmental Planning and Assessment Act 1979, in the sum of $2,000.00 within 60 days of the date of these orders. (3) The appeal is upheld. (4) Development Application No. 2017/0471 for construction of perimeter security fence and gates and landscaping/golf course works at Beverley Park Golf Course at 87A Jubilee Avenue, Beverley Park is approved, subject to the conditions of consent set out in Annexure 'B'. Catchwords: DEVELOPMENT APPLICATION – fence around golf course – visual amenity – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Kogarah Shellharbour Local Environmental Plan 2012 Land and Environment Court Act 1979 State Environmental Planning Policy No 55—Remediation of Land Texts Cited: Kogarah Development Control Plan 2013 Category: Principal judgment Parties: Beverley Park Golf Club Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: T Messenger (Solicitor) (Applicant) J Cole (Solicitor) (Respondent)