Regent Land Pty Ltd ATF Regent Land Unit Trust v Georges River Council [2018] NSWLEC 1370

Land and Environment Court New South Wales

Medium Neutral Citation: Regent Land Pty Ltd ATF Regent Land Unit Trust v Georges River Council [2018] NSWLEC 1370 Hearing dates: 5, 6 July 2018 Date of orders: 24 July 2018 Decision date: 24 July 2018 Jurisdiction: Class 1 Before: Smithson C Decision: (1) Leave is granted for the applicant to rely on amended plans. (2) The applicant is to pay the Respondent's costs pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (3) The clause 4.6 variation request for breaches to the height standard to enable four rooftop apartments is not upheld. (4) The clause 4.6 variation request for breaches to the height standard to enable rooftop communal open space, and lift access to it, is upheld. (5) The appeal is upheld. (6) Development Application DA111/2017 for the demolition of existing buildings, amalgamation of lots and construction of a residential flat building at 70-78 Regent Street, Kogarah is approved subject to the conditions in Annexure A. (7) The exhibits are returned except for Exhibits A, B, C, 2 and 3. Catchwords: DEVELOPMENT APPLICATION – compliance with new high density controls for the Kogarah North Precinct; strategic intent of controls; planned density; height breach; clause 4.6; site amalgamation requirement; site isolation; development if not amalgamated; precedent; objections Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Kogarah Local Environmental Plan 2012 State Environmental Planning Policy No.65 (Design Quality of Residential Flat Development) (SEPP 65) Cases Cited: Four2FivePty Ltd v Ashfield Council [2015] NSWLEC 1009 Wehbe v Pittwater Council [2007] NSWLEC 827 Category: Principal judgment Parties: Regent Land Pty Ltd ATF Regent Land Unit Trust (Applicant) Georges River Council (Respondent) Representation: Counsel: T To (Applicant) Dr S Berveling (Respondent)