Kasif v Georges River Council [2020] NSWLEC 1068

Land and Environment Court New South Wales

Medium Neutral Citation: Kasif v Georges River Council [2020] NSWLEC 1068 Hearing dates: 9-10 December 2019 Date of orders: 19 February 2020 Decision date: 19 February 2020 Jurisdiction: Class 1 Before: Smithson C Decision: The Court orders: (1) Leave is granted for the applicant to rely on amended plans. (2) The clause 4.6 written request for a variation to the minimum lot size is upheld. (3) The appeal is upheld. (4) Development Application DA2018/0441 for the demolition of existing structures and construction of a residential flat building at 22 Empress Street, Hurstville is approved subject to the conditions in Annexure A. (5) The exhibits are returned except for Exhibits A, B, C, E and 1. Catchwords: DEVELOPMENT APPLICATION – agreed isolated site – basement access available over adjoining site as a result of a condition on adjoining development – cl 4.6 applies as minimum lot size not achieved – whether design appropriate for context – area subject to new controls – whether communal open space should be provided Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Kogarah Local Environmental Plan 2012 State Environmental Planning Policy No 65 -- Design Quality of Residential Flat Development Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Micaul Holdings Pty Limited v Randwick City Council [2015] NSWLEC 1386 Voloshin v Randwick Council [2007] NSWLEC 428 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Apartment Design Guide Kogarah Development Control Plan 2013 Category: Principal judgment Parties: Erdogan Kasif (Applicant) Georges River Council (Respondent) Representation: Counsel: R O'Gorman-Hughes (Applicant) D Le Breton (Solicitor) (Respondent)