Kogarah Investments No. 1 Pty Ltd v Georges River Council [2020] NSWLEC 1214

Land and Environment Court New South Wales

Medium Neutral Citation: Kogarah Investments No. 1 Pty Ltd v Georges River Council [2020] NSWLEC 1214 Hearing dates: Conciliation conference held on 8 May 2020 Date of orders: 15 May 2020 Decision date: 15 May 2020 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) Leave is granted for the Applicant to amend the application to rely on the amended and additional plans, drawings and materials listed in Section A, Condition 1 of the Conditions of Consent at Annexure A. (2) The Applicant is to pay the Respondent's costs pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $5000 on or before 5 June 2020. (3) The clause 4.6 written request to vary the height of buildings development standard under cl 4.3 of the Kogarah Local Environmental Plan 2012 is upheld. (4) Development Application No. 2019/0319 for the retention and conservation of the local heritage item at 2 Victoria Street, the demolition of other structures and the construction of an 11 storey residential flat building containing 77 units and including 3 levels of basement car parking, at 16-22A Gladstone Street and 2 Victoria Street, Kogarah, is approved, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – retention and conservation of a cottage identified as a local heritage item and construction of a residential flat building – exceedance of the height of buildings development standard Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Kogarah Local Environmental Plan 2012 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Category: Principal judgment Parties: Kogarah Investments No. 1 Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: B Salon (Solicitor) (Applicant) S Wilson (Solicitor) (Respondent)