The Trustee for ZML Family Trust v Georges River Council [2024] NSWLEC 1503

Land and Environment Court New South Wales

Medium Neutral Citation: The Trustee for ZML Family Trust v Georges River Council [2024] NSWLEC 1503 Hearing dates: Conciliation Conference 6 August 2024 Date of orders: 21 August 2024 Decision date: 21 August 2024 Jurisdiction: Class 1 Before: Targett C Decision: The Court orders that: (1) The applicant is to pay the respondent's costs thrown away as a result of the amendment of the application for development consent as agreed or assessed in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW). (2) The appeal is upheld. (3) Development Application No. 2023/0089 for the demolition of existing structures, land remediation and the construction of a light industrial complex at 55-57 Halstead Street, South Hurstville is granted development consent subject to the conditions 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, 4.46, 8.7, 8.10, 8.11 Land and Environment Court Act 1979, ss 17, 34 Water Management Act 2000, s 91, Pt 3, Ch 3 Biodiversity Conservation Regulation 2017, cl 6.1 Environmental Planning and Assessment Regulation 2021, s 38 Georges River Local Environmental Plan 2021, cll 4.3, 4.4, 5.21, 6.1, 6.2, 6.3, 6.10, 6.11, 6.14, Sch 1 State Environmental Planning Policy (Biodiversity and Conservation) 2021 Ch 2, 6, cll 6.6, 6.7, 6.21 State Environmental Planning Policy (Industry and Employment) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy (Transport and Infrastructure) 2021, cl 2.48 Category: Principal judgment Parties: The Trustee for ZML Family Trust & The Trustee for JVM Family Trust (ABN 47 455 198 878) (Applicant) Georges River Council (Respondent) Representation: Counsel: J Reid (Applicant) L Mulligan (Solicitor) (Respondent)