GR Capital Group Pty Ltd v Georges River Council [2018] NSWLEC 1260

GR Capital Group Pty Ltd v Georges River Council [2018] NSWLEC 1260

The appeal was resolved by agreement of the parties at conciliation, the Court being satisfied it was a decision it could properly make; final orders were made to give effect to that agreement, approving the development with conditions and upholding certain planning objections.

Parties
Applicant: GR Capital Group Pty Ltd; Respondent: Georges River Council
Jurisdiction
Australia
Judgment Date
30 May 2018
Procedural Posture
Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld by consent, development application approved with conditions, objections to LEP upheld, and costs ordered against applicant.
Legal Topics
Development Application, Conciliation Conference, Court Agreement, Land Use, Local Environmental Plan
Environmental Law Planning Law Development Application Conciliation Conference Court Agreement Land Use Local Environmental Plan

Case Brief

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Parties

GR Capital Group Pty Ltd

Applicant

Georges River Council

Respondent

Procedural Posture

Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether the development application for construction of additional levels should be approved
  2. 2 Whether objections under Hurstville Local Environmental Plan 2012 regarding height and floor space ratio should be upheld

Ratio Decidendi

The appeal was resolved by agreement of the parties at conciliation, the Court being satisfied it was a decision it could properly make; final orders were made to give effect to that agreement, approving the development with conditions and upholding certain planning objections.

Court Disposition

Appeal upheld by consent, development application approved with conditions, objections to LEP upheld, and costs ordered against applicant.

Orders

  • The Applicant is granted leave to rely on the amended plans and documents as referred to in condition 1 of the conditions of consent contained in Annexure 'A'.
  • The Applicant is to pay the Respondent's costs thrown away under s8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed amount of $59,999 within 14 days.