State Projects Pty Ltd v Georges River Council [2021] NSWLEC 1071

Land and Environment Court New South Wales

Medium Neutral Citation: State Projects Pty Ltd v Georges River Council [2021] NSWLEC 1071 Hearing dates: Conciliation conference on 2 February 2021, final agreement filed 27 January 2021 Date of orders: 17 February 2021 Decision date: 17 February 2021 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to rely on the amended plans and documents referred to in Condition 1 of the conditions of consent at Annexure 'A'. (2) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application in the agreed amount of $9,000 pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 by 19 February 2021. (3) The appeal is upheld. (4) Development Consent be granted to DA2018/0190 for the demolition of existing structures and construction of a two-storey boarding house, comprising 17 rooms and 9 car spaces at 3 Newman Street, Mortdale NSW, subject to the conditions of consent at Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – boarding house – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Hurstville Local Environmental Plan 2012 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No 55—Remediation of Land 1998 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (July 2020) Category: Principal judgment Parties: State Projects Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: S Kaoutarani (Solicitor) (Applicant) D Le Breton (Solicitor) (Respondent)