Karavelas v Georges River Council [2021] NSWLEC 1298

Land and Environment Court New South Wales

Medium Neutral Citation: Karavelas v Georges River Council [2021] NSWLEC 1298 Hearing dates: Conciliation conference on 17 May 2021 Date of orders: 27 May 2021 Decision date: 27 May 2021 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The Applicant is granted leave to rely on amended plans and materials as follows: (a) Amended architectural plans prepared by Cornerstone Design as referenced in Condition 1 of Annexure A; (b) Amended landscape plans prepared by Zenith Landscape Designs as referenced in condition 1 of Annexure A; (c) Amended stormwater plans prepared by Alpha Engineering and Development as referenced in Condition 1 of Annexure A; (d) Survey Accuracy Letter prepared by Buxton Surveyors and dated 13 November 2020; (e) Fire Engineering Memorandum prepared by J Squared Consulting Engineers and dated 6 May 2021; (f) SEPP 65 – Design Verification Statement Issue B prepared by N Lycenko Architect dated 8 May 2021; (g) BASIX Certificate No 978579M_04 prepared by Building and Energy Consultants Australia dated 12 May 2021. (2) The Applicant is to pay the Respondents costs pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed amount of $8,000.00 within 14 days of the date of these orders. (3) The appeal is upheld. (4) Development consent is granted to development application DA2018/0578 for the demolition of the existing detached dwelling house and ancillary structures and the construction of a residential flat building containing six apartments with basement car parking, landscaping and associated site works on Lot 206 DP 36317 known as 54 Lawrence Street, Peakhurst, subject to the conditions in the annexure marked "A" and in accordance with the plans marked "B" to this agreement. Catchwords: DEVELOPMENT APPLICATION – construction of a residential flat building – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Greater Metropolitan Regional Environmental Plan No 2—Georges River Catchment Hurstville Local Environmental Plan 2012, cl 2.3 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cll 29, 30 Texts Cited: Hurstville Development Control Plan No 1 Category: Principal judgment Parties: William Karavelas (Applicant) Georges River Council (Respondent) Representation: Counsel: J Farrell (Applicant) S Puckeridge (Solicitor) (Respondent)