Kozarovski v Georges River Council [2021] NSWLEC 1512

Land and Environment Court New South Wales

Medium Neutral Citation: Kozarovski v Georges River Council [2021] NSWLEC 1512 Hearing dates: Conciliation conference on 18 August 2021 Date of orders: 3 September 2021 Decision date: 03 September 2021 Jurisdiction: Class 1 Before: Washington AC Decision: The Court notes that: 1. Georges River Council, as the relevant consent authority has agreed, pursuant to cl 55 of the Environmental Planning and Assessment Regulation 2000, to amend Development Application (DA/2021/0051) with the amended plans listed in Condition 1 of Annexure A to this agreement (Amended Plans). 2. The Amended Plans were uploaded to the NSW planning portal on 24 August 2021. The Court orders: 1. The applicant is to pay the respondent's costs thrown away, pursuant to s.8.15 (3) in the amount of $2,000 within 28 days. 2. The appeal is upheld. 3. Development Application No. DA/2021/0051 seeking consent for the demolition of existing structures, removal of trees and construction of a single level child care centre for 52 children with basement carpark and landscaping at Lot 207 in Deposited Plan 6202 otherwise described as 12 Resthaven Road, South Hurstville, NSW 2221, is approved subject to the conditions in Annexure 'A' to this agreement. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – child care centre – agreement between the parties – orders Legislation Cited: Education and Care Services National Regulations, cll 107, 108 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Kogarah Local Environmental Plan 2012, cll 2.3, 4.3, 4.4, 6.2 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, cll 22, 23 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 Texts Cited: Child Care Planning Guideline, NSW Department of Planning and Environment, August 2017 Category: Principal judgment Parties: Marko Kozarovski (Applicant) Georges River Council (Respondent) Representation: Counsel: A Hemmings (Applicant) J Ware (Solicitor) (Respondent)