Michael Murr V Georges River Council [2017] NSWLEC 1369

Land and Environment Court New South Wales

Medium Neutral Citation: Michael Murr V Georges River Council [2017] NSWLEC 1369 Hearing dates: 24-25 May and 20 June 2017 Date of orders: 18 July 2017 Decision date: 18 July 2017 Jurisdiction: Class 1 Before: Smithson C Decision: 1. The appeal is upheld. 2. Development Application No 2016/75 for the demolition of existing buildings and the construction of a residential flat building at 399-403 Princes Highway, Carlton is approved subject to the conditions in Annexure A. 3. The exhibits, other than exhibits A, B, H, 7 and 10, are returned. Catchwords: DEVELOPMENT APPLICATION – height; bulk and scale; amenity impacts to neighbours; community objections; site isolation; Amendment to LEP; new Savings provision Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Interpretations Act 1987 Kogarah Local Environmental Plan 2012 Kogarah Local Environmental Plan 2012 (Amendment 2) Texts Cited: Kogarah Development Control Plan 2013 Category: Principal judgment Parties: Michael Murr (Applicant) Georges River Council (Respondent) Representation: Solicitors:

Mr C Gough, Storey & Gough Lawyers (Applicant) Mr J Cole, HWL Ebsworth Lawyers (Respondent) File Number(s): 2016/336689 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (the Act) against the refusal of a development application by Georges River Council (the Council). The application proposes the development of a residential flat building (RFB) with basement parking and strata subdivision (the application) at 399-403 Princes Highway, Carlton (the site). 2. The key issue associated with the application is the impact the proposed development would have on neighbours and the character of the area. There is also an issue as to the interpretation of the Savings provision now in the Kogarah Local Environmental Plan 2012 (the LEP), as amended by Amendment 2, in terms of the ability of the Court to determine the application.