Design Studio 407 Pty Ltd v Georges River Council [2022] NSWLEC 1351

Land and Environment Court New South Wales

Medium Neutral Citation: Design Studio 407 Pty Ltd v Georges River Council [2022] NSWLEC 1351 Hearing dates: Conciliation conference 30 June 2022 Date of orders: 07 July 2022 Decision date: 07 July 2022 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld (2) Modification Application MOD2021/0170 is approved and Development Consent No. DA2018/0230, which approved the extension of a concrete pool deck, the extension of an existing patio and the construction of a series of timber decks in the rear yard of Lot 2 DP 507491, known as 64 Moons Avenue, Lugarno is modified in the terms in Annexure A. (3) As a consequence of Order (2) above, Development Consent No. DA2018/0230 as modified by the Court is Annexure B. Catchwords: MODIFICATION APPLICATION- conditions of consent required design changes – amended plans – agreement between the parties – orders. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9, 8.10 Environmental Planning and Assessment Regulation 2000, cl 121B Environmental Planning and Assessment Regulation 2021, sch 6 cl 3 Land and Environment Court Act 1979, ss 34AA, 34 Cases Cited: Arrage v Inner West Council [2019] NSWLEC 85 Category: Principal judgment Parties: Design Studio 407 Pty Limited (Applicant) Georges River Council (Respondent) Representation: Counsel: M Driscoll, Solicitor (Applicant) J Hewitt, Solicitor (Respondent)