JAMG Holdings Pty Ltd acting as trustee for the JAMG Property Trust v Georges River Council [2023] NSWLEC 1233

Land and Environment Court New South Wales

Medium Neutral Citation: JAMG Holdings Pty Ltd acting as trustee for the JAMG Property Trust v Georges River Council [2023] NSWLEC 1233 Hearing dates: 29 and 30 November 2022, 1 December 2022 and 27 March 2023 Date of orders: 16 May 2023 Decision date: 16 May 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application for development consent pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in an amount as agreed or as assessed. (2) The cl 4.6 Written Request dated 14 November 2022 prepared by Jonathon Wood is upheld. (3) The appeal is upheld. (4) Development application No DA2021/0048 for demolition of existing dwelling house and construction of a four-storey residential flat building containing three units, basement parking for three vehicles, landscaping, tree removal and site works at 26 Martin Place, Mortdale legally described as Lot 22, Section B in DP 2921 is determined by granting consent to the application subject to the conditions in Annexure A. (5) Exhibit 2 is returned and all other exhibits are retained. Catchwords: DEVELOPMENT APPEAL – residential flat building – isolated site - impact on trees - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.3, 8.15, 8.7 Hurstville Local Environmental Plan 2012, cll 1.2, 4.3, 4.4, 4.6, 5.10, 5.21, 6.1, 6.7 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Environmental Planning and Assessment Regulation 2000, cl 55 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Texts Cited: Australian Standard, AS4373-2007 Pruning of Amenity Trees Australian Standard, AS4970-2009 Protection of Trees on Development Sites Category: Principal judgment Parties: JAMG Holdings Pty Ltd acting as trustee for the JAMG Property Trust ABN 65125739219 (Applicant) Georges River Council (Respondent) Representation: Counsel: P Vergotis (Solicitor)(Applicant) A Kleiss (Solicitor)(Respondent)