95 Regent Street Pty Ltd v Georges River Council [2019] NSWLEC 1206

Land and Environment Court New South Wales

Medium Neutral Citation: 95 Regent Street Pty Ltd v Georges River Council [2019] NSWLEC 1206 Hearing dates: Conciliation conference on 2 May 2019 Date of orders: 14 May 2019 Decision date: 14 May 2019 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders: (1) The Applicant is granted leave to reply upon the plans, drawings and material listed at 'Annexure A', attached at 'Annexure B' and referred to in the conditions of consent at 'Annexure D'; (2) The Clause 4.6 variation application in relation to the height of buildings development standard contained in Clause 4.3 of the Kogarah Local Environmental Plan 2012 and annexed to this agreement at 'Annexure C' is upheld; (3) The appeal is upheld; (4) Development Application No. DA2017/0438 as amended with the leave of the Court with the architectural plans, drawings and material listed at 'Annexure A' and attached at 'Annexure B', for demolition of existing structures and construction of a residential flat building development at 71-97 Regent Street Kogarah NSW 2217 for 233 units comprising: (i) 21 x studio apartments; (ii) 95 x 1 bedroom apartments; (iii) 99 x 2 bedroom apartments; and (iv) 18 x 3 bedroom apartments is approved subject to the conditions annexed to this agreement as 'Annexure D'; (5) The Applicant is to pay the Respondent's costs pursuant to Section 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) in the amount of $30,000 on or before 31 May 2019 in full and final satisfaction of all the costs orders made in these proceedings. For clarity all previous costs orders made in these proceedings are set aside. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Kogarah Local Environmental Plan 2012 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Cases Cited: Rose Consulting Group v Baulkham Hills Shire Council [2003] NSWCA 266 Texts Cited: Kogarah Development Control Plan 2013 Section 94 Contribution Plan No. 8 – Kogarah Town Centre Section 94 Contribution Plan No. 9 – Kogarah Libraries Category: Principal judgment Parties: 95 Regent Street Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Solicitors: B Salon, Mills Oakley (Applicant) A Berry, Georges River Council (Respondent) File Number(s): 2018/140943 Publication restriction: No