S A F Group Pty Ltd v Georges River Council; 3R Investments Pty Ltd v Georges River Council [2021] NSWLEC 1237

Land and Environment Court New South Wales

Medium Neutral Citation: S A F Group Pty Ltd v Georges River Council; 3R Investments Pty Ltd v Georges River Council [2021] NSWLEC 1237 Hearing dates: 26 and 27 November 2020 Date of orders: 11 May 2021 Decision date: 11 May 2021 Jurisdiction: Class 1 Before: Espinosa C Decision: In the Development Application Appeal proceedings 2020/101209 the Court orders that: (1) The Applicant is granted leave to amend Development Application No DA2019/0417 and rely on amended plans prepared by (a) Tecton Group Drawings DA01 to DA07 Rev A dated 12 November 2020; and (b) Wallmark Smart Wall Solutions, 5 sheets dated 11 November 2020, and rely on amended Plan of Management dated 27 November 2020 Version 2. (2) The Applicant's written request prepared by SJB Planning dated 27 November 2020 made pursuant to clause 4.6 of the Kogarah Local Environmental Plan 2012 to vary the height of buildings development standard at clause 4.3 of the Kogarah Local Environmental Plan 2012 is upheld. (3) The appeal is upheld. (4) The Development Application No DA2019/0417 seeking development consent for the change of use of an existing factory building approved for processing, manufacturing, storing and distributing sheet metal and rainwater products, to use of the existing premises as an office premises/business premises and depot and construction of an acoustic wall at 33 Waterview Street, Carlton legally identified as Lot 2 in DP 539830 is approved subject to conditions of consent at annexure 'A'. (5) The Exhibits are returned except exhibits 2, 3, 8 and 9, A, B and F. In the Development Control Order Appeal proceedings 2020/101221 the Court orders that: (1) The appeal is upheld. (2) The Development Control Order dated 26 March 2020 is revoked. Catchwords: DEVELOPMENT APPEAL – change of use – light industrial zone – impact on neighbours in residential zone – traffic – noise – relevance of past unlawful use – plan of management – height of existing building breaching development standard – deferred commencement conditions – orders APPEAL AGAINST DEVELOPMENT CONTROL ORDER – depot warehouse – revocation of order Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 and 8.18 Kogarah Local Environmental Plan 2012, cll 3.2, 4.3 and 4.6 Cases Cited: Jonah Pty Ltd v Pittwater Council (2006) 144 LGERA 408; [2006] NSWLEC 99 Ryde City Council v Echt & Anor (2000) 107 LGERA 317; [2000] NSWCA 108 Texts Cited: Kogarah Development Control Plan 2013 Category: Principal judgment Parties: Proceedings 2020/101209 S A F Group Pty Ltd ACN 126 104 489 (Applicant) Georges River Council ABN 57 789 014 855 (Respondent)