Beaini Developments Pty Ltd v Georges River Council [2024] NSWLEC 1290

Land and Environment Court New South Wales

Medium Neutral Citation: Beaini Developments Pty Ltd v Georges River Council [2024] NSWLEC 1290 Hearing dates: Conciliation conference on 15 March 2024; 15 April 2024; 3 and 8 May 2024 Date of orders: 31 May 2024 Decision date: 31 May 2024 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The applicants are to pay the respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (2) The appeal is upheld. (3) Development application no. DA 2023/0278 for the demolition of existing structures and construction of four dwellings in the form of two semi-detached dwelling houses with associated landscaping on land described as Lots 1-4 DP 321159, known as 300 Princes Highway, Carss Park is determined by the grant of consent subject to the conditions set out in Annexure A. Catchwords: APPEAL – development application – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.15(3) Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 23, 27, 38 Georges River Local Environmental Plan 2021, cll 2.3, 4.3, 4.4, 5.10, 5.21, 6.2, 6.3, 6.9, 6.12 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, cl 6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119, 2.120 Category: Principal judgment Parties: Beaini Developments Pty Ltd (First Applicant) Beaini Corp Pty Ltd (Second Applicant) Georges River Council (Respondent) Representation: Counsel: A Knox (Solicitor) (Applicants) S Puckeridge (Solicitor) (Respondent)