CA Camperdown Pty Ltd v Georges River Council [2019] NSWLEC 1109

CA Camperdown Pty Ltd v Georges River Council [2019] NSWLEC 1109

The applicant’s written request has adequately addressed clause 4.6(3) of the Kogarah LEP 2012 in justifying the exceedance of the height of buildings development standard, and the proposal is consistent with the objectives of the standard and the zone, does not result in adverse amenity impacts and is therefore in the public interest. The appeal is upheld and consent is granted to the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
15 March 2019
Procedural Posture
Appeal Against Development Application Refusal / Conciliation Conference and Final Orders
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
['development Application' 'building Height Standard' 'clause 4.6 Variation' 'public Interest' 'land and Environment Court Act' 'environmental Planning and Assessment Act']
['planning and Environment Law'] ['development Application' 'building Height Standard' 'clause 4.6 Variation' 'public Interest' 'land and Environment Court Act' 'environmental Planning and Assessment Act']

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Procedural Posture

Appeal Against Development Application Refusal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 ['Whether the development application should be approved despite exceeding the building height standard' 'Whether the applicant’s clause 4.6 request adequately addresses required matters' 'Whether the proposal is in the public interest and consistent with the objectives of the zone and development standard']

Ratio Decidendi

The applicant’s written request has adequately addressed clause 4.6(3) of the Kogarah LEP 2012 in justifying the exceedance of the height of buildings development standard, and the proposal is consistent with the objectives of the standard and the zone, does not result in adverse amenity impacts and is therefore in the public interest. The appeal is upheld and consent is granted to the development application subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • ['Leave granted for applicant to amend the application by relying on documentation listed in Condition 1 of Annexure A' "Applicant to pay the Respondent's costs as agreed ($18,000)" 'Clause 4.6 variation request to exceed height standard is upheld' 'Development Application No. 2017/0421 is approved for an 8 storey...