BT Development Group Pty Ltd v Georges River Council [2023] NSWLEC 1490

Land and Environment Court New South Wales

Medium Neutral Citation: BT Development Group Pty Ltd v Georges River Council [2023] NSWLEC 1490 Hearing dates: Conciliation conference 29 June 2023 Date of orders: 30 August 2023 Decision date: 30 August 2023 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) Pursuant to s 38 of the Environmental Planning and Assessment Regulation 2021, the application to amend development application DA2022/0098 to rely on the following material is approved: (a) Further amended architectural plans (issue R) prepared by Bongiorno Hawkins and Associates Architects dated 10 July 2023; (b) Further amended landscape plans (revision E) prepared by Vision Dynamics dated 7 July 2023; (c) Section "J" Assessment Report prepared by Building and Energy Consultants Australia dated 6 July 2023; (d) Revised waste management plan dated June 2023; (e) Revised stormwater and soil management plans (issue F) prepared by Wehbe Engineers dated 10 July 2023; (f) Revised Noise Impact Assessment prepared by Rodney Stevens Acoustics dated 11 July 2023; and (g) Updated Traffic and Parking Impact Assessment prepared by Hemanote Consultants dated 11 July 2023. (2) The appeal is upheld. (3) DA2022/0098 for demolition works and construction of an industrial building and associated development at Lot B DP 366571 and Lots 8 and 9 DP 20592, known as 169B-173 Penshurst Street, Beverly Hills is determined by the grant of consent subject to the conditions at Annexure A. (4) The applicant is to pay the respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed amount of $1,000. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15 Environment Planning and Assessment Regulation 2021, s 38 Georges River Local Environmental Plan 2021, cll 5.21, 6.1, 6.3, 6.9, 6.10, 6.11 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Industry and Employment) 2021, s 3.6 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Category: Principal judgment Parties: BT Development Group Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: G Shapiro (Solicitor) (Applicant) J Fan (Solicitor) (Respondent)