The Trustee for TN Mortdale Unit Trust v Georges River Council [2024] NSWLEC 1332

Land and Environment Court New South Wales

Medium Neutral Citation: The Trustee for TN Mortdale Unit Trust v Georges River Council [2024] NSWLEC 1332 Hearing dates: Conciliation Conference 29 May 2024, 6 and 7 June 2024 Date of orders: 18 June 2024 Decision date: 18 June 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application to rely on the documents at [34] of this judgment in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $8,000 within 28 days. (2) The appeal is upheld. (3) DA-2023/0345 lodged on 31 August 2023 for construction and operation of a warehouse and storage building and associated works at Lot 6 DP505378, located at 62 Blackshaw Avenue, Mortdale NSW 2223 is determined by the grant of consent subject to conditions contained in Annexure A. Catchwords: DEVELOPMENT APPEAL – construction of warehouse and storage – 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 Georges River Local Environmental Plan 2021, cll 4.3, 4.4, 5.21, 6.1, 6.2, 6.3,6.7, 6.8, 6.9, 6.10, 6.11 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Industry and Employment) 2021, Ch3, ss 3.1, 3.6, Sch 5 Category: Principal judgment Parties: The Trustee for TN Mortdale Unit Trust (ABN 79642060871) (Applicant) Georges River Council (Respondent) Representation: Counsel: R Lancaster SC (Applicant) J Fan (Solicitor)(Respondent)