Thomas v Georges River Council [2020] NSWLEC 1473

Thomas v Georges River Council [2020] NSWLEC 1473

The Court determined that conditions of development consent should be amended to (1) relocate the car park planter bed as proposed by Council to better achieve amenity and shading objectives; (2) require two acoustic audits post-operation, not three-monthly audits; (3) impose closure of the car park within 30 minutes after hotel closure or by the latest statutory time, whichever is earlier; and (4) that the provision of additional documents did not amend the application, thus costs under s 8.15(3) EP&A Act were not payable.

Parties
Applicant: Christopher Thomas; Respondent: Georges River Council
Jurisdiction
Australia
Judgment Date
14 September 2020
Procedural Posture
Class 1 Appeal (land and Environment Court, Nsw) / Final Orders After Contested Hearing
Outcome
Appeal allowed. Development consent granted subject to amended conditions.
Legal Topics
Development Consent, Conditions of Development Consent, Landscaping Requirements, Acoustic Audits, Car Park Management, Amendment of Development Application, Costs
Planning and Environment Law Development Consent Conditions of Development Consent Landscaping Requirements Acoustic Audits Car Park Management Amendment of Development Application Costs

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Parties

Christopher Thomas

Applicant

Georges River Council

Respondent

Procedural Posture

Class 1 Appeal (land and Environment Court, Nsw) / Final Orders After Contested Hearing

Legal Issues

  1. 1 Whether landscaping conditions for the car park should be amended as proposed by Council
  2. 2 Whether the frequency of post-operation acoustic audits is sufficient
  3. 3 How the hours and method of closure of the car park should be controlled

Ratio Decidendi

The Court determined that conditions of development consent should be amended to (1) relocate the car park planter bed as proposed by Council to better achieve amenity and shading objectives; (2) require two acoustic audits post-operation, not three-monthly audits; (3) impose closure of the car park within 30 minutes after hotel closure or by the latest statutory time, whichever is earlier; and (4) that the provision of additional documents did not amend the application, thus costs under s 8.15(3) EP&A Act were not payable.

Court Disposition

Appeal allowed. Development consent granted subject to amended conditions.

Orders

  • The appeal is allowed.
  • Development consent is granted to development application number DA2019/0160 for alterations and additions to, construction of a car park at, and the use of certain areas at, the Penshurst Hotel, 29 Penshurst Street, Penshurst in accordance with the conditions in Annexure A hereto.