Bob Qi Building Pty Ltd v Georges River Council [2024] NSWLEC 1207

Land and Environment Court New South Wales

Medium Neutral Citation: Bob Qi Building Pty Ltd v Georges River Council [2024] NSWLEC 1207 Hearing dates: Conciliation conference 15 April 2024 Date of orders: 23 April 2024 Decision date: 23 April 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The Applicant is directed to file the amended development application, the subject of Order (3), within 7 days of the date of this Order. (2) The Appeal is upheld. (3) Development Application No. DA2022/0075, as amended, for the construction of a dual occupancy with basement parking and associated earthworks and landscaping on land legally described as Lot 3 DP 1224518 and known as 1A Rose Avenue, Connells Point, is determined by the grant of development consent subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – dual occupancy - conciliation conference - agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2021, s 38 Georges River Local Environmental Plan 2021, cll 4.1B, 4.3, 4.4A, 6.3, 6.7, 6.9, 6.12 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Category: Principal judgment Parties: Bob Qi Building Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: A Seton (Solicitor) (Applicant) S Lasker (Solicitor) (Respondent)