Skyton Developments No. 2 Pty Ltd v Georges River Council (No 2) [2023] NSWLEC 1756

Land and Environment Court New South Wales

Medium Neutral Citation: Skyton Developments No. 2 Pty Ltd v Georges River Council (No 2) [2023] NSWLEC 1756 Hearing dates: 19 and 20 July 2023 Date of orders: 12 December 2023 Decision date: 12 December 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development Consent No DA/183/2016 is modified in the terms in Annexure A. (3) Development Consent No DA/183/2016 as modified by the Court is Annexure B. Catchwords: DEVELOPMENT APPEAL – modification application – not substantially the same – height of building – merit assessment – urban design – orders Cases Cited: Skyton Developments No. 2 Pty Ltd v Georges River Council [2023] NSWLEC 1698 Category: Principal judgment Parties: Skyton Developments No. 2 Pty Ltd ACN 642787148 (Applicant) Georges River Council (Respondent) Representation: Counsel: M Staunton (Applicant) L Sims (Respondent)

Solicitors: Storey & Gough Lawyers (Applicant) Georges River Council (Respondent) File Number(s): 2022/252723 Publication restriction: No

Judgment 1. COMMISSIONER: On 21 November 2023, I handed down my reasons for judgment in the Class 1 Development Appeal Skyton Developments No. 2 Pty Ltd v Georges River Council [2023] NSWLEC 1698 to uphold the appeal and approve the modification of consent. 2. I made certain findings regarding the terms of the conditions of consent and I directed the parties to provide the Court with conditions of consent reflecting my finding at [87] of my reasons. 3. On 6 December 2023 the parties filed conditions of consent in accordance with my direction. 4. It is now appropriate to approve the Modification Application MOD2022/0052 seeking to modify DA/183/2016 for demolition of existing buildings and construction of a ten (10) storey mixed use development consisting of ground level tenancy and 52 residential apartments (the Consent) at 45 Princes Highway and 99 Regent Street, Kogarah (aka 41 - 47 Princes Highway, Kogarah) legally described as Lots 125, 126 and 127 in DP 1397 and Lot 128 in DP 179777 described as follows: "Demolition of existing buildings and construction of a 11 storey building used for shop top housing with ground floor commercial space (205m2) and 48 units (6 x studio, 8 x one bedroom, 20 x two bedroom and 14 x three bedroom) and three levels of basement car parking with 61 car spaces plus a EV charging space" (Proposed/Draft Conditions of Consent" (Ex 3))"