Truland Development Pty Ltd v Georges River Council [2023] NSWLEC 1117

Land and Environment Court New South Wales

Medium Neutral Citation: Truland Development Pty Ltd v Georges River Council [2023] NSWLEC 1117 Hearing dates: Conciliation conference on 9 February 2023 Date of orders: 17 March 2023 Decision date: 17 March 2023 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The appeal is upheld. (2) The Modification Application reference MOD 2022/0075 (and NSW Planning Portal reference PAN-209172) to modify Development Consent reference DA2021/0211 for the extension of the main lift core to access the approved Communal Open Space on Level 6, the deletion of the secondary lift originally approved between levels 5 and 6, the addition of 1 apartment to Level 6 and minor reconfiguration of the approved roofline to reduce overshadowing at 8 and 10 Lacey Street, Kogarah Bay, is approved in relation to Lots 8, 9 and 10 in Deposited Plan 17618, known as 2, 4 and 6 Lacey Street, Kogarah Bay NSW 2217 subject to conditions in Annexure A. Catchwords: MODIFICATION APPLICATION – residential flat building - conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9, 8.10, 8.11 Environmental Planning and Assessment Regulation 2021, ss 13, 23, 98, 99, 100, 113, 119 Georges River Local Environmental Plan 2021, cll 1.8, 2.2, 2.3, 4.3, 4.3A, 4.6 Kogarah Local Environmental Plan 2012 Land and Environment Court Act 1979, ss 17, 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy- No. 65 Design Quality of Residential Apartment Development 2002 Cases Cited: Agricultural Equity Investments Pty Ltd v Westlime Pty Ltd (No 3) [2015] NSWLEC 75 Arrange v Inner West Council [2019] NSWLEC 85 Horseshoe Properties Pty Ltd v Tweed Shire Council [2021] NSWLEC 1507 Moto Projects (No. 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298; [1999] NSWLEC 280 Tipalea Watson Pty Ltd v Ku-Ring-Gai Council (2003) 129 LGERA 351; [2003] NSWLEC 253 Texts Cited: Georges River Council, Community Engagement Strategy, 2019 Category: Principal judgment Parties: Truland Development Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: C Morton (Solicitor) (Applicant) J Fan (Solicitor) (Respondent)