EZRA 1 Pty Ltd v Georges River Council [2019] NSWLEC 1275

Land and Environment Court New South Wales

Medium Neutral Citation: EZRA 1 Pty Ltd v Georges River Council [2019] NSWLEC 1275 Hearing dates: 3-5 June 2019 Date of orders: 19 June 2019 Decision date: 19 June 2019 Jurisdiction: Class 1 Before: Horton C Decision: (1) Leave is granted to the applicant to amend the application for development consent, by relying on the information and the amended plans in Exhibit E and Exhibit N. (2) The Applicant is to pay Council's costs thrown away as a result of the Applicant amending the development application, as agreed or assessed. (3) The appeal is dismissed. (4) The Development Application DA2018/0071 for the demolition of 2 existing structures and construction of basement car park and eight x2-storey attached units to be used as seniors living housing and other ancillary storage works at 10-12 Mimosa Street, Oatley is refused. (5) The exhibits are returned, except for Exhibits B, E, N and O. Catchwords: DEVELOPMENT APPEAL – against deemed refusal – seniors living development – infill self-care housing – cl 26 location and access to facilities – clause 4.6 written request Legislation Cited: Environmental Planning and Assessment Act 1979 Kogarah Local Environmental Plan 2012 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 Cases Cited: Al Maha Pty Ltd v Huajun Investments Pty Ltd [2018] NSWCA 245 Australian Nursing Home Foundation Limited v Ku-ring-gai Council [2019] NSWLEC 1205 Baron Corporation Pty Limited v Council of the City of Sydney [2019] NSWLEC 61 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Category: Principal judgment Parties: EZRA 1 Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: J Farrell (Applicant) M Staunton (Respondent)