Stellar Hurstville Pty Ltd v Georges River Council [2019] NSWLEC 1143

Stellar Hurstville Pty Ltd v Georges River Council [2019] NSWLEC 1143

The consent sought for the amended mixed-use development is lawful as compliance with height and floor space ratio standards was demonstrated to be unreasonable or unnecessary, environmental planning grounds justify variations, all requisite preconditions for consent are satisfied, and agreement between the parties is within the Court's power to make.

Parties
Applicant: Stellar Hurstville Pty Ltd; Respondent: Georges River Council
Jurisdiction
Australia
Judgment Date
03 April 2019
Procedural Posture
Class 1 Appeal Under Environmental Planning and Assessment Act 1979 / Post Conciliation, Orders Made Following Agreement
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
Development Application, Conciliation Conference, Agreement Between Parties, Height Control, Floor Space Ratio Control, Consent Conditions
Planning and Environment Development Application Conciliation Conference Agreement Between Parties Height Control Floor Space Ratio Control Consent Conditions

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Parties

Stellar Hurstville Pty Ltd

Applicant

Georges River Council

Respondent

Procedural Posture

Class 1 Appeal Under Environmental Planning and Assessment Act 1979 / Post Conciliation, Orders Made Following Agreement

Legal Issues

  1. 1 Whether the application for mixed use development at 2-10 Woniora Road, Hurstville should be approved, including contraventions of maximum height and floor space ratio standards under the Kogarah Local Environmental Plan 2012; whether consent preconditions including design quality and sustainability requirements have been satisfied

Ratio Decidendi

The consent sought for the amended mixed-use development is lawful as compliance with height and floor space ratio standards was demonstrated to be unreasonable or unnecessary, environmental planning grounds justify variations, all requisite preconditions for consent are satisfied, and agreement between the parties is within the Court's power to make.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • Applicant granted leave to rely on amended plans for purpose of development application.
  • Applicant to pay Respondent's costs thrown away under s 8.15(3) of Environmental Planning and Assessment Act 1979 in agreed amount of $40,000 within 28 days.