Armstrong Alliance v Kogarah City Council [2012] NSWLEC 1360

Land and Environment Court New South Wales

Medium Neutral Citation: Armstrong Alliance v Kogarah City Council [2012] NSWLEC 1360 Hearing dates: 12-13 December 2012 Decision date: 28 December 2012 Jurisdiction: Class 1 Before: Morris C Decision: In matter No. 10698 of 2012 (a)The appeal is upheld in part. (b)Development Application DA/65/2012 for the completion of construction and use of an additional unit at the rear of development at 19 Elizabeth Street, Allawah, is approved on a deferred commencement basis, subject to a 1m increased setback from the rear boundary so that the unit is setback a minimum of 4.6m from the rear, south-western property boundary and certification of the structural adequacy of the basement support columns to ensure that parking can be provided for a minimum of nine cars. On satisfaction of the deferred commencement conditions, the consent will be subject to the conditions included in Annexure "A". In matter No. 10699 of 2012 (a)The appeal is upheld. (b)On completion of the works detailed in Annexure "A" and receipt of certification for that work from accredited certifiers, Kogarah Council is directed to issue a building certificate for the building at 19 Elizabeth Street, Allawah. (c)The exhibits, other than Exhibits B, H, K, 1 and 5 may be returned. Catchwords: Development Application, Building Certificate, whether consent should be granted for additional unit, parking, bulk and scale Legislation Cited: Kogarah Local Environmental Plan 1998; State Environmental Planning Policy No 65 - Design Quality of Residential Flat Buildings (SEPP65), State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004; State Environmental Planning Policy - Georges River Catchment; Environmental Planning and Assessment Act 1979; Land and Environment Court Act 1979 Cases Cited: Sahade v The Owners - Strata plan No. 62022 & Ors [2006] NSWLEC 770 Taipan Holdings Pty Ltd v Sutherland Shire Council [1999] NSWLEC 276 Texts Cited: Residential Design Guide 2005 - Development Control Plan Category: Principal judgment Parties: Armstrong Alliance Pty Limited (Applicant)