Kai-Tian Group Kogarah Pty Ltd v Georges River Council [2021] NSWLEC 1271

Land and Environment Court New South Wales

Medium Neutral Citation: Kai-Tian Group Kogarah Pty Ltd v Georges River Council [2021] NSWLEC 1271 Hearing dates: Conciliation conference on 27 April 2021, final agreement filed 13 May 2021 Date of orders: 25 May 2021 Decision date: 25 May 2021 Jurisdiction: Class 1 Before: Pullinger AC Decision: The orders of the Court are: (1) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away in the agreed amount of $5,000 within 14 days of these orders being made. (2) The Applicant's written request under clause 4.6 of the Kogarah Local Environmental Plan 2012 (the KLEP), prepared by Planning Ingenuity and dated 1 March 2021 seeking a variation of the development standard for height of buildings set out in clause 4.3 of the KLEP, is upheld. (3) The appeal is upheld. (4) Consent is granted to Development Application DA/2017/0597 for the demolition of the existing structures and construction of a residential flat building over basement parking, with associated landscaping and drainage works, subject to the conditions set out in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – residential flat building – clause 4.6 written request – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 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 No 65—Design Quality of Residential Apartment Development Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (July 2020) Category: Principal judgment Parties: Kai-Tian Group Kogarah Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: S Gadiel (Solicitor) (Applicant) J Cole (Solicitor) (Respondent)