95 Regent Street Pty Ltd v Georges River Council [2019] NSWLEC 1206

95 Regent Street Pty Ltd v Georges River Council [2019] NSWLEC 1206

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 to uphold the appeal and grant development consent subject to conditions. The Commissioner was satisfied that the agreed decision was one the Court could make because the site was zoned R4 High Density Residential and residential flat buildings were permissible with consent, BASIX and design verification requirements were addressed, notification and re-notification did not preclude consent, relevant LEP matters and conditions were considered, the cl 4.6 request justified the height exceedance, remaining relevant development standards were met, and agreed development contributions were within power....

Jurisdiction
Australia
Judgment Date
14 May 2019
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. Da2017/0438 / Orders Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Clause 4.6 variation upheld; Development Application No. DA2017/0438 approved subject to conditions; applicant ordered to pay respondent's costs.
Legal Topics
['development Application Appeal' 'conciliation Conference' 'agreement Between Parties' 'clause 4.6 Variation' 'height of Buildings Development Standard' 'residential Flat Building' 'development Contributions' 'costs']
['planning and Environment' 'development Consent' 'local Environmental Planning'] ['development Application Appeal' 'conciliation Conference' 'agreement Between Parties' 'clause 4.6 Variation' 'height of Buildings Development Standard' 'residential Flat Building' 'development Contributions' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. Da2017/0438 / Orders Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could make orders giving effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether development consent could be granted for the amended residential flat building development at 71-97 Regent Street, Kogarah.' 'Whether the Clause 4.6 variation request justified contravention of the height of buildings development standard in cl 4.3 of the Kogarah Local Environmental Plan 2012.' 'Whether amended development contributions could be imposed in the particular circumstances of the case.']

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 to uphold the appeal and grant development consent subject to conditions. The Commissioner was satisfied that the agreed decision was one the Court could make because the site was zoned R4 High Density Residential and residential flat buildings were permissible with consent, BASIX and design verification requirements were addressed, notification and re-notification did not preclude consent, relevant LEP matters and conditions were considered, the cl 4.6 request justified the height exceedance, remaining relevant development standards were met, and agreed development contributions were within power....

Court Disposition

Appeal upheld; Clause 4.6 variation upheld; Development Application No. DA2017/0438 approved subject to conditions; applicant ordered to pay respondent's costs.

Orders

  • ["The Applicant is granted leave to reply upon the plans, drawings and material listed at 'Annexure A', attached at 'Annexure B' and referred to in the conditions of consent at 'Annexure D'." "The Clause 4.6 variation application in relation to the height of buildings development standard contained in Clause 4.3 of...