Bentayga Pty Ltd v Georges River Council [2023] NSWLEC 1708

Land and Environment Court New South Wales

Medium Neutral Citation: Bentayga Pty Ltd v Georges River Council [2023] NSWLEC 1708 Hearing dates: Conciliation conference on 10 July 2023 Date of orders: 24 November 2023 Decision date: 24 November 2023 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The applicant is directed to file the amended development application the subject of Order (4) below within 7 days of the date of this order. (2) Upon the filing of the amended development application in accordance with Order (1) above, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the costs of the respondent that have been thrown away as a result of the amendment of the development application, as agreed or assessed. (3) The appeal is upheld. (4) Development consent is granted to development application DA2022/0379 for demolition of the three existing single storey dwellings and associated structures, lot consolidation and construction of a 6-storey residential flat building containing 39 units over 3 levels of basement parking at 202-206 Princes Highway, Kogarah Bay, subject to the conditions in Annexure A. Catchwords: APPEAL – development application – conciliation conference – agreement between the parties – orders Legislation Cited: Contaminated Land Management Act 1997 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.15(3) Environmental Planning and Assessment Regulation 2000 Environmental Planning and Assessment Regulation 2021, ss 27, 37(5), 38, Sch 6, s 3 Georges River Local Environmental Plan 2021, cll 2.3, 2.7, 4.3, 4.4, 6.1, 6.2, 6.3, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12 Land and Environment Court Act 1979, s 34 Local Land Services Act 2013, s 60O Protection of the Environment Operations Act 1997 Roads Act 1993, s 138 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6; ss 6.6, 6.7, 6.8, 6.9, 6.10 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 2.119, 2.120, 2.122 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cll 4, 19, 28, 30 Texts Cited: Apartment Design Guide Georges River Council, Community Engagement Strategy 2023 – 2033 Georges River Council, Tree Management Policy 2019 Category: Principal judgment Parties: Bentayga Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) A Rutherford (Solicitor) (Respondent)