Lateral Estate Pty Ltd v Georges River Council [2019] NSWLEC 1366

Land and Environment Court New South Wales

Medium Neutral Citation: Lateral Estate Pty Ltd v Georges River Council [2019] NSWLEC 1366 Hearing dates: Conciliation conference on 29 July 2019 Date of orders: 06 August 2019 Decision date: 06 August 2019 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The Applicant is granted leave to rely upon the amended material, copies of which are behind Annexure 'A': (2) The Applicant is to pay the Respondent's costs thrown away in accordance with section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed in the amount of $70,000.00 within twenty eight (28) days. (3) The written request to depart from the height of buildings standard on the site set out in "Amended Clause 4.6 Variation - HOB" variation request prepared by Planning Ingenuity dated 5 July 2019 pursuant to the LEP is upheld. (4) The written request to depart from the floor space ratio standard on the site set out in "Precautionary Clause 4.6 Variation – Floor Space Ratio" variation request prepared by Planning Ingenuity dated 24 June 2019 pursuant to the LEP is upheld. (5) The appeal is upheld. (6) Development Application No. DA/2018/0139, as amended in accordance with the above plans and documents, for the demolition of existing structures and construction of a thirteen (13) storey mixed use development comprising a residential flat building with sixty-one (61) apartments over 1,110m² of retail and commercial space on the ground and first floor at 32-38 Montgomery Street, Kogarah (Lot B in DP332533 and Lot 47 Section E in DP1397) is approved subject to the conditions in Annexure 'B'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Airports Act 1996 (Cth) Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Greater Metropolitan Regional Environmental Plan No 2—Georges River Catchment Kogarah Local Environmental Plan 2012 Land and Environment Court Act 1979 State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Texts Cited: Kogarah Development Control Plan 2013 Category: Principal judgment Parties: Lateral Estate Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: T To (Applicant) M Staunton (Respondent)