Vortex Property Group (NSW) Pty Ltd v Georges River Council [2019] NSWLEC 1153

Land and Environment Court New South Wales

Medium Neutral Citation: Vortex Property Group (NSW) Pty Ltd v Georges River Council [2019] NSWLEC 1153 Hearing dates: 4 – 6 March 2019 Date of orders: 11 April 2019 Decision date: 11 April 2019 Jurisdiction: Class 1 Before: Horton C Decision: The orders of the Court are: (1) Leave is granted to the applicant to amend the application for development consent, by relying on the documentation referenced in condition 1 of Annexure 'A'; (2) The appeal is upheld; (3) Development consent is granted for Development Application DA 2017/0519 for the demolition of two existing single dwellings and various freestanding outbuildings and the construction of a 9 and 10 storey residential apartment development containing 29 apartments, and a ground level retail space, with basement car parking for 33 cars, subject to the conditions at annexure 'A'; (4) The exhibits are returned, except for Exhibits A, B, C, J, and 8. Catchwords: DEVELOPMENT APPLICATION: compliance with density controls for the Kogarah North Precinct –apartment design guide – heritage – developer contributions – contributions plan Legislation Cited: Environmental Planning and Assessment Act 1979 Kogarah Local Environmental Plan 2012 Land and Environment Court Act 1979 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Cases Cited: Stockland Development Pty Limited v Manly Council [2004] 136 LGERA 254 Veloshin v Randwick Council [2007] NSWLEC 428 Zhang v Canterbury City Council (2001) 115 LGERA 373; [2001] NSWCA 167 Texts Cited: Apartment Design Guide Development near Rail Corridors and Busy Roads – Interim Guideline, Department of Planning Kogarah 2031 Housing Strategy Kogarah Development Control Plan 2013 Kogarah North Public Domain Plan Kogarah North Urban Design Strategy Section 94 Contribution Plan No. 8 – Kogarah Town Centre Category: Principal judgment Parties: Vortex Property Group Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: T To (Applicant) S Berveling (Respondent)