Vortex Construction Pty Ltd v Georges River Council [2024] NSWLEC 1169

Land and Environment Court New South Wales

Medium Neutral Citation: Vortex Construction Pty Ltd v Georges River Council [2024] NSWLEC 1169 Hearing dates: 12-13 February 2024; written submissions on 14 February 2024 and final written submissions on 15 February 2024. Date of orders: 11 April 2024 Decision date: 11 April 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application DA2022/0431 for the demolition of all existing structures on the site, and the construction of shop top housing development comprising 34 residential units, 6 commercial units and 3 levels of basement parking at 348-352 Railway Parade, and 2-2A Garfield Street, Carlton, is determined by the grant of development consent, subject to conditions of consent at An­nexure A. (3) All exhibits are returned except for Exhibits A, C and 8. Catchwords: DEVELOPMENT APPLICATION: shop top housing development in E1 Local Centre zone – whether development isolates adjoining site – whether exhibits design excellence Legislation Cited: Architects Act 2003 Biodiversity Conservation Act 2016 Environmental Planning and Assessment Act 1979, ss 4.15, 4.53, 8.7 Land and Environment Court Act 1979, s 39 Biodiversity Regulation 2017 Environmental Planning and Assessment Regulation 2021, s 38 Georges River Local Environmental Plan 2021, cll 2.3, 6.1, 6.2, 6.3, 6.6, 6.7, 6.10, 6.11, 6.12, 6.13 State Environmental Planning Policy Amendment (Housing) 2023, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt 6.2, ss 6.6, 6.7, Pt 2.2 State Environmental Planning Policy (Housing) 2021, Ch 4, s 147, Sch 7A, Sch 9 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cll 28, 30, Sch 1 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 State Environmental Planning Policy (Transport and Infrastructure) s 2s 2.100, 2.118 Cases Cited: Toga Penrith Developments Pty Limited v Penrith City Council [2022] NSWLEC 117 Botany Bay City Council v Saab Corp Pty Ltd [2011] NSWCA 308 Texts Cited: Apartment Design Guide Georges River Development Control Plan 2021, Pts 5.14, 7.1 Georges River Tree Management Policy Category: Principal judgment Parties: Vortex Construction Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: L Nurpuri (Applicant) N Hammond (Respondent)