Mehanna Holdings Pty Ltd v Georges River Council [2024] NSWLEC 1695

Land and Environment Court New South Wales

Medium Neutral Citation: Mehanna Holdings Pty Ltd v Georges River Council [2024] NSWLEC 1695 Hearing dates: Conciliation conference on 11 October 2024 Date of orders: 31 October 2024 Decision date: 31 October 2024 Jurisdiction: Class 1 Before: Washington C Decision: The Court orders: (1) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is pay the Respondent's costs thrown away as a result of the amendments in the agreed amount of $30,000 within 28 days of these orders being made. (2) The Applicant's written request under clause 4.6 of the Georges River Local Environmental Plan 2021 (GRLEP), prepared by BMA Urban and dated July 2024, seeking a variation of the development standard for height of buildings set out in clause 4.3 of GRLEP, is upheld. (3) The appeal is upheld. (4) Development consent is granted to Development Application No DA/2023/0074 for the demolition of existing dwellings and construction of a residential flat building consisting of 37 apartments over basement parking on the land at 10, 12 and 14 Vaughan Street, Blakehurst 2221, respectively known as Lots 10, 11 and 12 in Deposited Plan 13988, subject to the conditions contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – residential flat building – 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, ss 27, 38 Georges River Local Environmental Plan 2021, cll 4.3, 4.4, 4.6, 5.10, 6.1, 6.2, 6.3, 6.7, 6.9, 6.10, 6.11 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6, cll 6.6, 6.7, 6.8, 6.9, 6.10 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 2.120 Category: Principal judgment Parties: Mehanna Holdings Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: M Parrino (Solicitor) (Applicant) S Wilson (Solicitor) (Respondent)