Lateral Estate Pty Ltd v Georges River Council [2022] NSWLEC 1370

Land and Environment Court New South Wales

Medium Neutral Citation: Lateral Estate Pty Ltd v Georges River Council [2022] NSWLEC 1370 Hearing dates: Conciliation Conference on 8, 16 June 2022 Date of orders: 14 July 2022 Decision date: 14 July 2022 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders that: (1) The appeal is upheld. (2) Modification application MOD2022/0013 is approved and development consent DA2018/0139 granted by the Court on 6 August 2019 for the demolition of existing structures and the erection of a thirteen storey mixed use development on the land described as Lots 1 and 2 DP 1257940 known as 32-38 Montgomery St Kogarah is modified in the terms set out in Annexure A. (3) As a consequence of the modification, development consent DA2018/0139 is subject to the consolidated, modified conditions of consent set out in Annexure B. Catchwords: MODIFICATION APPLICATION – mixed use development – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.56, 8.9, 8.10 Environmental Planning and Assessment Regulation 2000, cll 115, 121B Environmental Planning and Assessment Regulation 2021, Sch 6 cl 3 Land and Environment Court Act 1979, s 34 Cases Cited: Arrage v Inner West Council [2019] NSWLEC 85 Lateral Estate Pty Ltd v Georges River Council [2019] NSWLEC 1366 Category: Principal judgment Parties: Lateral Estate Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: A Gadiel (Solicitor) (Applicant) J Fan (Solicitor) (Respondent)