Aplus Architecture Pty Ltd v Georges River Council [2021] NSWLEC 1267

Land and Environment Court New South Wales

Medium Neutral Citation: Aplus Architecture Pty Ltd v Georges River Council [2021] NSWLEC 1267 Hearing dates: 13-14 April 2021 Date of orders: 21 May 2021 Decision date: 21 May 2021 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) Leave is granted to amend the application to accord with the plans referenced at Condition 1 of Annexure A. (2) The appeal is upheld. (3) Development Application No. DA2019/0608 for demolition works and construction of a boarding house development at 5 and 5A Mona Street Allawah, is approved, subject to the conditions of consent at Annexure A. (4) The exhibits are returned with the exceptions of Exhibits 1 and B-D. Catchwords: APPEAL – boarding house – whether the design of the development is compatible with the character of the local area – whether attention should go to existing or future character – scope and limits to question of compatibility with the character of the local area – significance of Council strategic planning Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 8.7 Kogarah Local Environmental Plan 2012 State Environmental Planning Policy (Affordable Rental Housing) 2009 cll 29, 30A Cases Cited: Kevin Gregory and Patricia Gregory v Central Coast Council [2017] NSWLEC 1400 Project Venture Developments v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 New Century Developments Pty Limited v Baulkham Hills Shire Council (2003) 127 LGERA 303; [2003] NSWLEC 154 Texts Cited: Kogarah Development Control Plan 2013 Category: Principal judgment Parties: Aplus Architecture Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: H Irish (Applicant) P Brown (Solicitor) (Respondent)