Lioncrest Capital Holdings Pty Ltd v Georges River Council [2023] NSWLEC 1356

Land and Environment Court New South Wales

Medium Neutral Citation: Lioncrest Capital Holdings Pty Ltd v Georges River Council [2023] NSWLEC 1356 Hearing dates: Conciliation conference on 9 June 2023 Date of orders: 11 July 2023 Decision date: 11 July 2023 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No. DA2021/0478, which seeks consent for the demolition of existing dwellings and ancillary structures and construction of a five-storey residential flat building over basement parking at 6-10 Torrens Street, Blakehurst, is determined by the grant of consent subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 50 Environmental Planning and Assessment Regulation 2021, s 37 Georges Local Environmental Plan 2021, cll 2.3, 2,7, 4.3, 4.4, 4.6, 6.1, 6.2, 6.3, 6.9, 6.10, 6.11. 6.12 Greater Metropolitan Regional Environmental Plan No 2 (Georges River Catchment) 1999 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021 Chs 2, 11 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No. 65 - Design Quality of Residential Apartment Development 2000, cll 28, 30 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, cl 6 Texts Cited: Georges River Community Engagement Plan 2017 Georges River Development Control Plan 2021 NSW Department of Planning and Environment, Apartment Design Guide, 2015 Standards Australia, Australian Standard AS 2601-2001: The Demolition of Structures, 2001 Category: Principal judgment Parties: Lioncrest Capital Holdings Pty Limited (Applicant) Georges River Council (Respondent) Representation: Counsel: A Whealy (Solicitor) (Applicant) J Hewitt (Solicitor) (Respondent)