Archispectrum Pty Ltd v Georges River Council [2024] NSWLEC 1667

Land and Environment Court New South Wales

Medium Neutral Citation: Archispectrum Pty Ltd v Georges River Council [2024] NSWLEC 1667 Hearing dates: Conciliation conference on 3 September 2024 Date of orders: 23 October 2024 Decision date: 23 October 2024 Jurisdiction: Class 1 Before: Washington C Decision: The Court orders: (1) The applicant is to pay the respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the sum of seven thousand dollars ($7,000.00). (2) The appeal is upheld. (3) Development Application DA2023/0361, as amended, for the Torrens title subdivision of an existing allotment into two lots and the demolition of the existing garage on land identified as Lot B DP 331796, known as 70 Kyle Parade, Kyle Bay, is determined by the granting of consent subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – Torrens title subdivision – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 38 Georges River Local Environmental Plan 2021, cll 2.6, 4.1, 6.1, 6.3, 6.9 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Archispectrum Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: P Rigg (Solicitor) (Applicant) L Melvin (Solicitor) (Respondent)