Fuse Architecture Pty Ltd v Georges River Council [2025] NSWLEC 1120

Land and Environment Court New South Wales

Medium Neutral Citation: Fuse Architecture Pty Ltd v Georges River Council [2025] NSWLEC 1120 Hearing dates: Conciliation conference on 7 June 2024 and 7 February 2025 Date of orders: 28 February 2025 Decision date: 28 February 2025 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant was ordered to pay Georges River Council costs pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 pursuant to Order 2 made by the Court on 24 January 2025. Those costs are agreed in the amount of $14,000 and are to be paid within 90 days of the date of these orders. (2) The appeal is upheld. (3) Development Application DA 2021/0424 for the demolition of the existing dwelling and ancillary structures and the subsequent construction of a ten-storey 'shop top' housing development containing 35 residential apartments and two retail premises over three levels of basement parking at Lots 131 and 132 in DP 1388, otherwise known as 37-39 Princes Highway, Kogarah and 21-35 Princes Highway, Kogarah (only to the extent that it authorises the Wall Works required by this consent and the use authorised by the Amended Easement). Catchwords: DEVELOPMENT APPLICATION – shop top housing – vehicular access through adjoining land – conciliation conference – amended plans – agreement between the parties – orders made Legislation Cited: Airports Act 1996, Div 4, Pt 12 Environmental Planning and Assessment Act 1979, ss 4.15, 8.15, 8.7 Land and Environment Court Act 1979, s 34 Airports (Protection of Airspace) Regulations 1996 Environmental Planning and Assessment Regulation 2000, cl 49, 50 Georges River Local Environmental Plan 2021, cll 2.7, 4.3, 4.4, 4.6, 6.2, 6.3, 6.7, 6.9, 6.10 Greater Metropolitan Regional Plan No. 2 - Georges River Catchment State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 6, 11, Pt 11, ss 2.6, 6.65, 11.5, 11.6, 11.7, 11.8 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.119 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 State Environmental Planning Policy Amendment (Water Catchments) 2022 State Environmental Planning Policy No 65 - Design Quality of Residential Apartment Development 2002 Cases Cited: Fuse Architecture Pty Ltd v Georges River Council [2024] NSWLEC 1294 Texts Cited: Georges River Community Participation Plan Georges River Council Stormwater Management Policy Georges River Development Control Plan 2021 NSW Department of Planning and Environment, Apartment Design Guide (July 2015) NSW Environment and Heritage, Managing Urban Stormwater - Soils and Construction Category: Principal judgment Parties: Fuse Architecture Pty Ltd (Applicant) Georges River Council (First Respondent) The Owners of Strata Plan No 89161 (Second Respondent) Representation: Counsel: D Loether (Solicitor) (Applicant) S Wilson (Solicitor) (First Respondent) J Bates (Solicitor) (Second Respondent)