Rod Zoabi t/a ZTA Architects v Georges River Council [2019] NSWLEC 1164

Land and Environment Court New South Wales

Medium Neutral Citation: Rod Zoabi t/a ZTA Architects v Georges River Council [2019] NSWLEC 1164 Hearing dates: 13-14 March 2019 Date of orders: 12 April 2019 Decision date: 12 April 2019 Jurisdiction: Class 1 Before: Bish C Decision: The orders of the Court are: (1) The Applicant is granted leave to amend the development application to remove reference to demolition and subdivision. (2) The appeal is upheld. (3) Development Application No. DA1485/2016 for the construction of a three storey dual occupancy development, each with a swimming pool, on Lot 22 Sec 8 DP 1963, also known as 7 Wharf Road, Kogarah Bay is approved subject to the conditions in Annexure "A". (4) The exhibits, except for Exhibits 1, 2 and K are returned. Catchwords: DEVELOPMENT APPLICATION: dual occupancy; bulk and scale; streetscape; precedent; contamination; stormwater; accuracy of survey levels. Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Kogarah Local Environment Plan 2012 Land and Environment Court Act 1979 State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Texts Cited: Kogarah Development Control Plan 2012 Category: Principal judgment Parties: Rod Zoabi t/a ZTA Architects (Applicant) Georges River Council Council (Respondent) Representation: Solicitors: S Shneider, Houston Dearn O'Connor (Applicant) A Berry, Georges River Council (Respondent) File Number(s): 2018/234703 Publication restriction: No