WH Project Management Pty Ltd v Georges River Council [2020] NSWLEC 1508

WH Project Management Pty Ltd v Georges River Council [2020] NSWLEC 1508

The legal prerequisites for development consent — including the written request to vary the height standard, proper site remediation, and compliance with rail corridor requirements — have been satisfied, and the parties’ agreement is one that the Court could have made, requiring the Court to make final orders reflecting the agreement.

Jurisdiction
Australia
Judgment Date
23 October 2020
Procedural Posture
Appeal of Development Application Refusal / Post Conciliation Conference, Final Orders
Outcome
Appeal upheld; development consent granted subject to conditions; leave to amend application granted; costs ordered.
Legal Topics
['development Application' 'variation of Development Standard' 'remediation of Land' 'rail Corridor Impacts']
['planning and Environmental Law'] ['development Application' 'variation of Development Standard' 'remediation of Land' 'rail Corridor Impacts']

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Procedural Posture

Appeal of Development Application Refusal / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 ['Whether the applicant meets the requirements for variation of the height development standard under clause 4.6 of Kogarah Local Environmental Plan 2012' 'Whether site contamination and remediation requirements under State Environmental Planning Policy No 55—Remediation of Land are satisfied' 'Whether concurrence of rail authority required under State Environmental Planning Policy (Infrastructure) 2007 is met']

Ratio Decidendi

The legal prerequisites for development consent — including the written request to vary the height standard, proper site remediation, and compliance with rail corridor requirements — have been satisfied, and the parties’ agreement is one that the Court could have made, requiring the Court to make final orders reflecting the agreement.

Court Disposition

Appeal upheld; development consent granted subject to conditions; leave to amend application granted; costs ordered.

Orders

  • ['The applicant is granted leave to amend the development application and rely on specific drawings, documents, investigations, and written request.' "The Applicant is to pay Respondent's costs thrown away ($12,000) within 28 days." "The Applicant's written request under clause 4.6 seeking variation of building...