Compage Group Pty Ltd v Georges River Council [2021] NSWLEC 1475

Land and Environment Court New South Wales

Medium Neutral Citation: Compage Group Pty Ltd v Georges River Council [2021] NSWLEC 1475 Hearing dates: 31 May and 1 June 2021, supplementary written submissions 10, 16, 29 June and 1 July 2021 Date of orders: 20 August 2021 Decision date: 20 August 2021 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders that: (1) The appeal is dismissed. (2) Development Application No. DA2020/0133 for the demolition of an existing single storey brick and tiled roof dwelling house and associated structures and the construction of a five (5) storey boarding house comprising 23 rooms (including a manager's room) on the land described as Lot 1 DP 951678 and known as 31 Garfield St Carlton is refused. (3) The exhibits are returned with the exception of Exhibits A, B, J, L, 1 and 10. Catchwords: APPEAL – development application – boarding house – whether compatible with character of local area – visual impact - side setbacks – landscaping – appeal dismissed Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7, 4.15 Kogarah Local Environmental Plan 2012, cll 2.3, 4.3, 4.4, 4.6 and 6.2 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 29, 30 and 30A State Environmental Planning Policy No 55–Remediation of Land Cases Cited: 193 Liverpool Road Pty Ltd v Inner West Council [2017] NSWLEC 13 BCMA Investments Pty Ltd v North Sydney Council [2021] NSWLEC 1046 Bondelmonte v Bondelmonte (2017) 259 CLR 662; [2017] HCA 8 Charalambous v Canterbury-Bankstown Council [2016] NSWLEC 1576 Elcheikh v Cumberland Council [2018] NSWLEC 1165 Gregory v Central Coast Council [2017] NSWLEC 1400 Khan v Minister for Immigration, Local Government and Ethnic Affairs (1987) 14 ALD 291; [1987] FCA 457 Ku-ring-gai Council v Garry West as delegate of the Acting Director-General, Office of Local Government (2017) 95 NSWLR 1; [2017] NSWCA 54 Project Venture Developments v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Qian v Willoughby City Council [2020] NSWLEC 1069 Segal v Waverley Council (2005) 64 NSWLR 177; [2005] NSWCA 310 Zhang v Canterbury City Council (2001) 51 NSWLR 589; [2001] NSWCA 167 Texts Cited: Apartment Design Guide Draft Georges River Local Environmental Plan 2020 Kogarah Development Control Plan 2013 Category: Principal judgment Parties: Compage Group Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: J Farrell (Applicant) K Mortimer (Solicitor) (Respondent)