One Funds Management Ltd ATF Kingsgrove Property Trust v Georges River Council [2018] NSWLEC 1508

Land and Environment Court New South Wales

Medium Neutral Citation: One Funds Management Ltd ATF Kingsgrove Property Trust v Georges River Council [2018] NSWLEC 1508 Hearing dates: 13 – 14 September 2018 Date of orders: 02 October 2018 Decision date: 02 October 2018 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The applicant is granted leave to rely on amended plans. (2) As agreed, pursuant to s8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondents costs thrown away by reason of the amended plans for the agreed amount of $3,140 within 14 days of these orders. (3) The appeal is dismissed (4) Development Application DA/2017/0151 for the removal of seven trees, alterations and additions to an existing industrial building and creation of a new loading dock is refused. (5) The exhibits are returned with the exception of Exhibit 1, E, F and G. Catchwords: DEVELOPMENT APPLICATION: Appeal of refusal of consent: alterations to existing industrial unit to provide new dock and loading: tree removal: streetscape impact: impacts balanced against aim to maximise functional industrial space: appeal refused Legislation Cited: Environmental Planning and Assessment Act 1979 Hurstville Local Environmental Plan 2012 Land and Environment Court Act 1979 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 State Environmental Planning Policy (Vegetation in Non Rural Areas) 2017 Cases Cited: Futurespace Pty Ltd v Ku-ring-gai Council (2009) 169 LGERA 153 Australian Protein Recyclers Pty Ltd v Goulburn Mulwaree Shire Council [2006] NSWLEC 461 Texts Cited: Hurstville Development Control Plan 1 Category: Principal judgment Parties: One Funds Management Ltd ATF Kingsgrove Property Trust (Applicant) Georges River Council (Respondent) Representation: Counsel: J Reid (Respondent)