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))" Orders: 1. 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. E Espinosa Commissioner of the Court Annexure A Annexure B ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 12 December 2023