AJC United Investment Pty Ltd v Georges River Council [2022] NSWLEC 1343

Land and Environment Court New South Wales

Medium Neutral Citation: AJC United Investment Pty Ltd v Georges River Council [2022] NSWLEC 1343 Hearing dates: Conciliation conference on 21 June 2022 Date of orders: 01 July 2022 Decision date: 01 July 2022 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) Leave is granted to the Applicant in these proceedings to amend the name of the applicant to AJC United Investment Pty Ltd ACN 61 087 314 869. (2) The Applicant's written request prepared pursuant to clause 4.6 of HLEP dated June 2022 seeking to justify the breach of the development standard pertaining to the minimum lot size for subdivision pursuant to clause 4.1 of HLEP is upheld. (3) The Applicant's written request prepared pursuant to clause 4.6 of HLEP dated June 2022 seeking to justify the breach of the development standard pertaining to the minimum lot size for dual occupancies pursuant to clause 4.1A of HLEP is upheld. (4) The appeal is upheld. (5) Development consent is granted to Development Application No. DA2021-0021 for Demolition Works, Construction of a Dual Occupancy and Torrens Title Subdivision at 3 Cooloongatta Road, Beverly Hills (Lot 2 in Deposited Plan 1249414) subject to the Conditions of Consent which are annexed hereto and marked "A". Catchwords: APPEAL – development application – detached dual occupancy and subdivision of land – breach of minimum lot size for dual occupancy development – breach of minimum subdivision lot size – complies with new local environmental plan that does not apply due to savings provision – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55, Sch 1 Georges River Local Environmental Plan 2021 cll 1.8A, 4.1A Hurstville Local Environmental Plan 2012 cll 4.1, 4.1A, 4.6 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Resilience and Hazards) 2021 cl 4.6 Category: Principal judgment Parties: Chen Yue Cao (Applicant) Georges River Council (Respondent) Representation: Counsel: L Nurpuri (Applicant) S Berveling (Respondent)