Al Abrahim v Georges River Council [2020] NSWLEC 1151

Land and Environment Court New South Wales

Medium Neutral Citation: Al Abrahim v Georges River Council [2020] NSWLEC 1151 Hearing dates: Conciliation conference on 12 March 2020 Date of orders: 01 April 2020 Decision date: 01 April 2020 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) The written request seeking a variation of the development standard for the height of buildings set out in clause 4.3 of the Kogarah Local Environmental Plan 2012 on the site set out in "Amended Clause 4.6 Variation Request – Height of Buildings (CL 4.3 KLEP 2012)" variation request prepared by BMA Urban dated 11 March 2020 pursuant to the Kogarah Local Environmental Plan 2012 is upheld. (2) The appeal is upheld. (3) Development Application No. DA2018/0252, as amended, for the demolition of all existing structures on-site, soil remediation and earthworks and construction of a five (5) storey mixed use building, comprising four (4) commercial tenancies at ground level, 38 apartments over five (5) levels and two (2) levels of basement car parking containing eighty-three (83) car parking spaces, nineteen (19) bicycle spaces and one (1) loading bay at 505 – 507 Rocky Point Road, Sans Souci NSW 2219 (Strata Lots CP/SP44919 and CP/SP49146) is approved subject to the conditions in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Kogarah Local Environment Plan 2012 Land and Environment Court Act 1979 State Environmental Planning Policy No 55—Remediation of Land Category: Principal judgment Parties: Al Abrahim (Applicant) Georges River Council (Respondent) Representation: Counsel: T Robertson SC (Applicant) S Berveling (Respondent)