Adouni and Raad Pty Ltd v Georges River Council [2020] NSWLEC 1166

Land and Environment Court New South Wales

Medium Neutral Citation: Adouni and Raad Pty Ltd v Georges River Council [2020] NSWLEC 1166 Hearing dates: 10-11 March 2020 Date of orders: 28 April 2020 Decision date: 07 April 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant's written requests prepared under clause 4.6 of the Kogarah Local Environmental Plan 2012, seeking variation of the development standard for height under clause 4.3 of the Kogarah Local Environmental Plan 2012, and the minimum lot size under clause 4.1A of the Kogarah Local Environmental Plan 2012, are upheld. (2) The appeal is upheld. (3) Development consent is granted to Development Application No. 2018/0429 for the demolition of all existing structures, site consolidation and construction of a five (5) storey residential flat building containing a total of 19 apartments and two levels of basement parking at 145 Rocky Point Road, Beverley Park, subject to conditions at Annexure 'A'. (4) All Exhibits are returned, except for Exhibits 5, K, L and M. Catchwords: DEVELOPMENT APPLICATION – residential apartment development – residential flat building – clause 4.6 – height exceedance – minimum allotment size – site isolation – SEPP 65 – Apartment Design Guide Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Kogarah Local Environmental Plan 2012 Land and Environment Court Act 1979 Local Government Act 1993 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 65 – Design Quality in Residential Apartment Development Cases Cited: Anglican Community Services v Blacktown City Council [2020] NSWLEC 1031 Atchison v Randwick City Council [2019] NSWLEC 1559 Binnijig Pty Ltd v Canterbury Bankstown Council [2020] NSWLEC 1086 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Karavellas v Sutherland Shire Council [2004] NSWLEC 251 Texts Cited: Apartment Design Guide Interim Policy Georges River Development Control Plan 2020 Kogarah 2031 Housing Strategy Kogarah Development Control Plan 2012 Category: Principal judgment Parties: Adouni and Raad Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) M Cottom (Solicitor) (Respondent)