Kai Tian Group Kogarah Pty Ltd v Georges River Council [2024] NSWLEC 1180

Land and Environment Court New South Wales

Medium Neutral Citation: Kai Tian Group Kogarah Pty Ltd v Georges River Council [2024] NSWLEC 1180 Hearing dates: 18 March 2024 Date of orders: 16 April 2024 Decision date: 16 April 2024 Jurisdiction: Class 1 Before: Bish C Decision: The orders of the Court are: (1) The amended written request under clause 4.6 of the Georges River Local Environmental Plan 2021, prepared by Planning Ingenuity, dated 6 March 2024, seeking a variation to the development standard for height of buildings under clause 4.3, is upheld. (2) The appeal is upheld. (3) Development Application DA2023/0015, as amended, seeks alterations and additions to an approved 11-storey residential flat building with basement parking, landscaping and associated civil works on Lot 71 Section B Deposited Plan (DP) 383744, Lot 70 Section B DP 1397, Lot B DP 398263 and Lot A DP 398263, also known as 18, 20, 22 and 24A Victoria Street, Kogarah, respectively, is determined by the grant of consent, subject to conditions in Annexure A. (4) The exhibits are returned. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to an approved residential flat building –exceedance in height development standard – cl 4.6 written request to vary standard – provision of adequate communal open space Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.12, 4.15,4.16, 4.17, 8.15 Land and Environment Court Act 1979, s 39 Environmental Planning and Assessment Regulation 2021, ss 23, 38 Georges River Local Environmental Plan 2021, cll 2.3, 4.3, 4.4, 5.10, 6.2, 6.3, 6.7 6.10, Sch 5 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Housing) 2021, Sh 9, Ch 4, ss 147, 148, 149, Sch 7A, Sch 9 State Environmental Planning Policy Amendment (Housing) 2024 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.120 Cases Cited: Baron Corporation Pty Limited v Council of the City of Sydney (2019) 243 LGERA 338; [2019] NSWLEC 61 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Toga Penrith Developments Pty Limited v Penrith City Council [2022] NSWLEC 117 Wehbe v Pittwater Council (2007) 156 LGERA 446; (2007) NSWLEC 827 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide 2015 Georges River Development Control Plan 2021 Category: Principal judgment Parties: Kai Tian Group Kogarah Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: J Reid (Applicant) R O'Gorman-Hughes (Respondent)