Regent Land Pty Ltd ATF Regent Land Unit Trust v Georges River Council [2019] NSWLEC 1563

Land and Environment Court New South Wales

Medium Neutral Citation: Regent Land Pty Ltd ATF Regent Land Unit Trust v Georges River Council [2019] NSWLEC 1563 Hearing dates: Conciliation conference on 12 November 2019 Date of orders: 20 November 2019 Decision date: 20 November 2019 Jurisdiction: Class 1 Before: Smithson C Decision: The Court orders: (1) The Applicant is granted leave to rely on the amended plans and drawings attached at Annexure A and referred to in the consolidated modified conditions of development consent set out in Annexure C. (2) The appeal is upheld. (3) The modification application lodged directly with the Court on 24 September 2019 to modify development consent No. DA111/2017, which the Court granted by way of orders made on 24 July 2018, for the demolition of existing buildings, amalgamation of lots and construction of a residential flat building at 70-78 Regent Street, Kogarah is determined by approving the modifications as set out in Annexure B. (4) As a consequence of (3) above, Development Consent No. DA111/2017 is now subject to the consolidated, modified conditions of development consent set out in Annexure C. Catchwords: MODIFICATION APPLICATION – residential flat building – 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: Regent Land Pty Ltd ATF Regent Land Unit Trust v Georges River Council [2018] NSWLEC 1370 Texts Cited: Apartment Design Guide Category: Principal judgment Parties: Regent Land Pty Ltd ATF Regent Land Unit Trust (Applicant) Georges River Council (Respondent) Representation: Counsel: B Salon (Solicitor) (Applicant) S Wilson (Solicitor) (Respondent)