GTB Hurstville Pty Ltd v Georges River Council [2024] NSWLEC 1210

Land and Environment Court New South Wales

Medium Neutral Citation: GTB Hurstville Pty Ltd v Georges River Council [2024] NSWLEC 1210 Hearing dates: Conciliation conference 22 March 2024 Date of orders: 23 April 2024 Decision date: 23 April 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to DA/2022/0061 for the demolition of the existing structures and construction of a 6-18 storey mixed use development across 5 buildings containing 349 residential apartments, retail and office floor space above 3 basement levels containing 453 parking spaces and tree removal at 9 Gloucester Road, Hurstville subject to conditions annexed here to and marked Annexure A. (3) The Applicant is to pay the Respondent's costs "thrown away" as a result of the amendment of the development application pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $35,000, which is to be paid within 28 days of orders being made approving the application. Catchwords: DEVELOPMENT APPLICATION – new mixed use development across five new buildings – amended plans – agreement between the parties – orders made. Legislation Cited: Airports Act 1996, s 183 Environmental Planning and Assessment Act 1979, ss 4.5, 4.15, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Airports (Protection of Airspace) Regulations 1996, reg 7 Environmental Planning and Assessment Amendment (Residential Apartment Development) Regulation 2015 Environmental Planning and Assessment Regulation 2000, Sch 1, cll 4.9, 50 Environmental Planning and Assessment Regulation 2021, Sch 6, s 3 Georges River Local Environmental Plan 2021, cll 2.7, 4.3, 4.4, 4.6, 6.2, 6.3, 6.7, 6.8, 6.9, 6.10, 6.11, 6.13, Sch 1, cl 14 State Environmental Planning Policy – Building Sustainability Index: BASIX 2004, ss 6, 8 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6, 11, Pt 11.2, ss 11.6 11.7 State Environmental Planning Policy (Housing) 2021, Sch 7A, Ch 4 State Environmental Planning Policy (Infrastructure) 2007, ss 2.210, 2.122, 2.48 State Environmental Planning Policy (Planning Systems) 2021, Sch 6, Ch 2, s 2.19 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy (State and Regional Development) 2011 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.98, 119 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 State Environmental Planning Policy Amendment (Housing) 2023 State Environmental Planning Policy Amendment (Water Catchments) 2022, Ch 6, s 6.65 State Environmental Planning Policy No.55 - Remediation of Land State Environmental Planning Policy No.65 – Design Quality of Residential Apartment Development Texts Cited: Building Code of Australia Hurstville Development Control Plan No 2 2021 NSW Department of Planning and Environment, Planning Circular PS 21-018: Development near rail corridors and busy roads – interim guideline, December 2021 NSW Planning and Environment, Apartment Design Guide, July 2015 Category: Principal judgment Parties: GTB Hurstville Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: K Marginson (Solicitor) (Applicant) S Wilson (Solicitor) (Respondent)