WH Project Management Pty Ltd v Georges River Council [2023] NSWLEC 1388

Land and Environment Court New South Wales

Medium Neutral Citation: WH Project Management Pty Ltd v Georges River Council [2023] NSWLEC 1388 Hearing dates: Conciliation conference on 18 July 2023 Date of orders: 21 July 2023 Decision date: 21 July 2023 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent DA2017/0402 granted by the Land and Environment Court of NSW on 23 October 2020 is modified as set out in Annexure B to this judgment. (3) The terms of the consolidated development consent DA2017/0402 as modified are set out in Annexure C to this judgment. Catchwords: MODIFICATION APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.55, 8.9 Environmental Planning and Assessment Regulation 2000, cl 50 Environmental Planning and Assessment Regulation 2021, s 113 Georges River Local Environmental Plan 2021 Land and Environment Court Act 1979, s 34 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 2002, cll 29, 30 Cases Cited: WH Project Management Pty Ltd v Georges River Council [2020] NSWLEC 1508 Texts Cited: Georges River Community Engagement Plan 2017 Georges River Development Control Plan 2021 Category: Principal judgment Parties: WH Project Management Pty Limited (Applicant) Georges River Council (Respondent) Representation: Counsel: A Gadiel (Solicitor) (Applicant) L Melvin (Solicitor) (Respondent)