Loucas Architects Pty Ltd v Georges River Council [2022] NSWLEC 1368

Land and Environment Court New South Wales

Medium Neutral Citation: Loucas Architects Pty Ltd v Georges River Council [2022] NSWLEC 1368 Hearing dates: Conciliation conference on 6, 26 April 2022 and 9 May 2022 Date of orders: 19 July 2022 Decision date: 19 July 2022 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court Orders that: (1) The appeal is upheld. (2) The request pursuant to clause 4.6 of Kogarah Local Environment Plan 2012 to vary the development standard for height of buildings contained in the clause 4.3 thereof, as prepared by BMA Urban dated 10 May 2022, is upheld. (3) Development Application No. DA/2020/0462 for demolition of existing structures and the construction of a six (6) storey residential flat building comprised of 25 apartments over two (2) levels of basement parking, landscaping works, site works and lot consolidation of Lot 1 in Deposited Plan 798485 and Lot 1 in Deposited Plan 126389 known as 176-178 Princes Highway Beverley Park, is approved subject to the conditions set out in Annexure "A" to this agreement. (4) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the Application in the agreed amount of $18,000.00 within 28 days of the date of these orders. (5) Pursuant to sections 34(3)(a) and (b) of the Land and Environment Court Act 1979 (NSW) the parties request that the Commissioner dispose of these proceedings in accordance with the terms of the decision set out in paragraph 1-4 above. Catchwords: DEVELOPMENT APPEAL – residential flat building – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Kogarah Local Environmental Plan 2012, cll 2.7, 4.3,4.4, 4.6, 6.1, 6.2 Georges River Local Environmental Plan 2021 Kogarah Local Environmental Plan 2012 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Category: Principal judgment Parties: Loucas Architects Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) J Hewitt (Solicitor) (Respondent)