Borina Pty Ltd v Georges River Council [2019] NSWLEC 1270

Land and Environment Court New South Wales

Medium Neutral Citation: Borina Pty Ltd v Georges River Council [2019] NSWLEC 1270 Hearing dates: Conciliation conference on 29 April 2019; 15 and 29 May 2019 Date of orders: 20 June 2019 Decision date: 20 June 2019 Jurisdiction: Class 1 Before: Bindon AC Decision: The Court orders: (1) The Applicant is granted leave to rely upon the plans, drawings and material listed in Annexure A, attached at Annexure B and referred to in the conditions of consent at Annexure C. (2) The Applicant is to pay the Respondent's costs pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $9,000 on or before 30 June 2019 in full and final satisfaction of all the cost orders made in these proceedings. For clarity, all previous costs orders made in these proceedings are set aside. (3) The appeal is upheld. (4) Development Application No. DA2018/0303 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 the demolition of existing structures and construction of 3 detached buildings collectively containing 40 x 2 bedroom apartments and 2 levels of basement parking at Lot 20, section 17 DP1963 and Lots A, B and C in DP384408 known as 513 Princes Highway, Blakehurst is approved subject to the conditions attached at Annexure C. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulations 2000 Kogarah Local Environmental Plan 2012 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy No 65 – Design Quality of Residential Development Texts Cited: Apartment Design Guidelines Category: Principal judgment Parties: Borina Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Solicitors: A Boskovitz, Boskovitz Lawyers (Applicant) J Ware, Georges River Council (Respondent) File Number(s): 2018/00296856 Publication restriction: No