Kostantopoulos v Georges River Council [2019] NSWLEC 1611

Land and Environment Court New South Wales

Medium Neutral Citation: Kostantopoulos v Georges River Council [2019] NSWLEC 1611 Hearing dates: Conciliation conference on 6 December 2019 Date of orders: 06 December 2019 Decision date: 06 December 2019 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) Leave is granted for the Applicant to rely on the amended plans and material listed in paragraph 1 of the conditions set out in Annexure A. (2) The Applicant is to pay the Respondent's costs thrown away as a result of the Applicant amending the application as agreed or assessed, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW). (3) The appeal is upheld. (4) Development consent is granted to Development Application DA2018/0414 for the demolition of the existing dwelling and the construction of a single storey childcare centre facility catering for forty five (45) children and nine (9) staff members with at grade parking for 8 vehicles at 60 Park Street, Peakhurst, subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – childcare centre facility – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Hurstville Local Environmental Plan 2012 Land and Environment Court Act 1979 State Environmental Planning Policy No 55 – Remediation of Land Texts Cited: Child Care Planning Guideline Category: Principal judgment Parties: Costa Kostantopoulos (Applicant) Georges River Council (Respondent) Representation: Counsel: G Christmas (Solicitor) (Applicant) J Hewitt (Solicitor) (Respondent)