McDonagh Developments Pty Ltd v Georges River Council [2022] NSWLEC 1327

Land and Environment Court New South Wales

Medium Neutral Citation: McDonagh Developments Pty Ltd v Georges River Council [2022] NSWLEC 1327 Hearing dates: Conciliation conference on 15 June 2022 Date of orders: 24 June 2022 Decision date: 24 June 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) The Applicant is to pay $4,000 costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 within 28 days of these orders. (2) The appeal is upheld. (3) Development consent is granted to development application no. DA 2021/0302 for demolition of existing structures and the infilling of a swimming pool, lot consolidation, tree removal and construction of 4 x 3 bedroom 2 storey dwellings and 2 x 2 bedroom single storey dwelling within an in-fill self-care housing development including strata subdivision, landscaping and site works at Lot 3 DP 529647 and Lot 1 DP 529647 otherwise known as 870 and 870A Forest Road Peakhurst NSW 2210 subject to the conditions set out in Annexure 'A' Catchwords: DEVELOPMENT APPEAL – seniors housing development - conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 2A of Sch 1, cll 3, 55 Environmental Planning and Assessment Regulation 2021, cl 3 of Sch 6 Georges River Local Environmental Plan 2021, cl 1.8A Hurstville Local Environmental Plan 2012, cll 2.6, 2.7, 4.3, 4.4, 5.10, 5.21, 6.1, 6.2, 6.7 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Housing) 2021, cl 2 of Sch 7A State Environmental Planning Policy (Housing for Seniors and People with a Disability) 2004, cll 2.6, 4, 5, 15, 16, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 50, Pt 3, Div 2, Sch 3 State Environmental Planning Policy No. 55 – Remediation of Land State Environmental Planning Policy (Resilience and Hazards) 2021 Texts Cited: Hurstville Development Control Plan 1 Georges River Council, Community Engagement Strategy 2018-2028 Department of Infrastructure, Planning and Natural Resources, Seniors Living Policy: Urban Design Guidelines for Infill Development, March 2004 Category: Principal judgment Parties: McDonagh Developments Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: M Staunton (Applicant) Dr S Berveling (Respondent)