ATG Carlton Pty Ltd v Georges River Council [2025] NSWLEC 1107

Land and Environment Court New South Wales

Medium Neutral Citation: ATG Carlton Pty Ltd v Georges River Council [2025] NSWLEC 1107 Hearing dates: Conciliation conference on 4 February 2025 Date of orders: 26 February 2025 Decision date: 26 February 2025 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The Applicant's written request pursuant to cl 4.6 of Georges River Local Environmental Plan 2021 prepared by Planning Ingenuity dated 8 January 2024, requesting a variation to cl 4.4 to permit the grant of development consent in contravention of the floor space ratio development standard is upheld. (2) The appeal is upheld. (3) Development application DA 2024/0007 for change of use of Complying Development Certificate No 213104/02 approval from a multi-level mixed-use development with retail hardware premises, wholesale suppliers and a care to a self-storage development and construction of signage and alterations and additions to the approved building form at 165-169 Bellevue Parade, Carlton being Lots 14, 15 and 16 in DP 25093 is determined by the grant of development consent subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – change of use – design excellence – conciliation – agreement – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.12, 4.15, 4.16, 4.17, 8.7, 8.10, 8.11 Land and Environment Court Act 1979, ss 17, 34, 39 Environmental Planning and Assessment Regulation 2021, ss 23, 38, 91 Georges River Council Local Environmental Plan 2021, cll 2.3, 4.3, 4.4, 4.6, 5.10, 5.21, 6.1, 6.2, 6.3, 6.9, 6.10, 6.11 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.7 State Environmental Planning Policy (Industry and Employment) 2021, Sch 5, s 3.1 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Cases Cited: Landcorp Australia Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 174 Waverley Council v C M Hairis Architects (2002) 123 LGERA 100; [2002] NSWLEC 180 Category: Principal judgment Parties: ATG Carlton Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: M Staunton (Applicant) J King (Solicitor) (Respondent)