Loucas Architects Pty Ltd v Georges River Council [2022] NSWLEC 1368

Loucas Architects Pty Ltd v Georges River Council [2022] NSWLEC 1368

The amended development was permissible with consent in the R3 Medium Density Residential zone, the relevant jurisdictional prerequisites were satisfied, the clause 4.6 request justified the contravention of the height of buildings standard, and the parties' agreed decision was one the Court could have made in the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 July 2022
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application Da2020/0462 / Orders Made Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; clause 4.6 variation request upheld; Development Application No. DA/2020/0462 approved subject to conditions; applicant ordered to pay respondent's agreed costs thrown away.
Legal Topics
['residential Flat Building' 'development Application Deemed Refusal' 'section 34 Conciliation Conference' 'clause 4.6 Variation to Building Height Development Standard' 'kogarah Local Environmental Plan 2012' 'state Environmental Planning Policy No 65—design Quality of Residential Apartment Development' 'basix' 'contamination Assessment']
['planning and Environment Law' 'development Consent' 'land and Environment Court Procedure'] ['residential Flat Building' 'development Application Deemed Refusal' 'section 34 Conciliation Conference' 'clause 4.6 Variation to Building Height Development Standard' 'kogarah Local Environmental Plan 2012' 'state Environmental Planning Policy No 65—design Quality of Residential Apartment Development' 'basix' 'contamination Assessment']

Source-derived case record

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 Development Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application Da2020/0462 / Orders Made Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreed decision was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether the amended development application for a six storey residential flat building should be approved.' 'Whether the clause 4.6 written request to vary the height of buildings development standard in cl 4.3 of Kogarah Local Environmental Plan 2012 should be upheld.' 'Whether relevant jurisdictional prerequisites under the applicable environmental planning instruments and legislation were satisfied.']

Ratio Decidendi

The amended development was permissible with consent in the R3 Medium Density Residential zone, the relevant jurisdictional prerequisites were satisfied, the clause 4.6 request justified the contravention of the height of buildings standard, and the parties' agreed decision was one the Court could have made in the proper exercise of its functions. The Court was therefore required under s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' agreement by upholding the appeal and approving the amended development application subject to conditions.

Court Disposition

Appeal upheld; clause 4.6 variation request upheld; Development Application No. DA/2020/0462 approved subject to conditions; applicant ordered to pay respondent's agreed costs thrown away.

Orders

  • ['The appeal is upheld.' 'The request pursuant to clause 4.6 of Kogarah Local Environment Plan 2012 to vary the development standard for height of buildings contained in the clause 4.3 thereof, as prepared by BMA Urban dated 10 May 2022, is upheld.' 'Development Application No. DA/2020/0462 for demolition of...