Chau v Georges River Council [2023] NSWLEC 1619

Land and Environment Court New South Wales

Medium Neutral Citation: Chau v Georges River Council [2023] NSWLEC 1619 Hearing dates: 24-25 July 2023 Date of orders: 19 October 2023 Decision date: 19 October 2023 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development Application No. 2021/0448 for the demolition of existing structures and construction of a seven-storey mixed use building containing a six-storey boarding house with 16 boarding rooms and a managers room, two office tenancies and basement car parking at 42 Treacy Street Hurstville Lot C DP 441248, as amended, is refused consent. (3) The exhibits are returned, except for Exhibits 1, A, B, E and F. Catchwords: DEVELOPMENT APPLICATION – mixed use – boarding house – clause 4.6 – breach to height of buildings – design excellence – heritage – streetscape – amenity Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.11, 8.15 Environmental Planning and Assessment Regulation 2000, cll 55, 64 Georges River Local Environmental Plan 2021, cll 4.3, 4.6, 6.10 Land and Environment Court Act 1979, s 39 Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2022 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Housing) 2021, Sch 7A State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy (Transport and Infrastructure) 2021 Cases Cited: Aloke Holdings Pty Ltd v Council of the City of Sydney [2019] NSWLEC 1177 Emag Apartments Pty Ltd v Inner West Council [2022] NSWLEC 1042 Fusion Developments v Randwick City Council [2022] NSWLEC 1255 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Omid Mohebati-Arani v Ku-ring-gai Council [2017] NSWLEC 143 The Council of the City of Sydney v Emag Apartments Pty Limited [2023] NSWLEC 23 Tamvakeras v Inner West Council [2022] NSWLEC 1140 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) 129 LGERA 195; [2003] NSWCA 289 Toga Penrith Developments Pty Limited v Penrith City Council [2022] NSWLEC 117 Wehbe v Pittwater (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Georges River Development Control Plan 2021 Hurstville Development Control Plan No. 2 Amendment No. 12 NSW Department of Planning and Environment Apartment Design Guide 2015 Category: Principal judgment Parties: Vi Phong Chau (Applicant) Georges River Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) J Fan (Solicitor) (Respondent)