47 Boronia Street Pty Ltd v Georges River Council [2021] NSWLEC 1173

Land and Environment Court New South Wales

Medium Neutral Citation: 47 Boronia Street Pty Ltd v Georges River Council [2021] NSWLEC 1173 Hearing dates: Conciliation conference on 10 and 24 February 2021, and 2 and 9 March 2021 Date of orders: 12 April 2021 Decision date: 12 April 2021 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The applicant is granted leave to rely upon the amended plans and documentation referred to in Condition 1 of the consolidated conditions of consent at annexure "A", including the architectural plans at annexure "B" and the landscape plans at annexure "C". (2) The appeal is upheld. (3) Development Consent DA2017/0579 for construction of a detached dual occupancy development at 47 Boronia Street, Kyle Bay is modified in accordance with Modification Application No. MOD2020/0131 pursuant to s 4.55(2) of the Environmental Planning and Assessment Act 1979 and subject to the consolidated conditions of consent at annexure "A". The development as modified includes boundary walls which sits partly upon land at 45 Boronia Street and 5 Cross Street, Kyle Bay. Catchwords: DEVELOPMENT APPEAL – modification of consent – dual occupancy – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Kogarah Local Environmental Plan 2012 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 Cases Cited: Scrap Realty Pty Limited v Botany Bay City Council (2008) 166 LGERA 342; [2008] NSWLEC 333 Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298; [1999] NSWLEC 280 Vacik Pty Ltd v Penrith City Council [1992] NSWLEC 8 Texts Cited: Kogarah Development Control Plan 2013 Category: Principal judgment Parties: 47 Boronia Street Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: J Palmer (Solicitor) (Applicant) J Cole (Solicitor) (Respondent)