Skyton Developments No. 2 Pty Ltd v Georges River Council (No 2)

[2023] NSWLEC 1756

Land and Environment Court

New South Wales

Medium Neutral Citation:

Skyton Developments No. 2 Pty Ltd v Georges River Council (No 2) [2023] NSWLEC 1756

Hearing dates:

19 and 20 July 2023

Date of orders:

12 December 2023

Decision date:

12 December 2023

Jurisdiction:

Class 1

Before:

Espinosa C

Decision:

The Court orders:

(1) The appeal is upheld.

(2) Development Consent No DA/183/2016 is modified in the terms in Annexure A.

(3) Development Consent No DA/183/2016 as modified by the Court is Annexure B.

Catchwords:

DEVELOPMENT APPEAL – modification application – not substantially the same – height of building – merit assessment – urban design – orders

Cases Cited:

Skyton Developments No. 2 Pty Ltd v Georges River Council [2023] NSWLEC 1698

Category:

Principal judgment

Parties:

Skyton Developments No. 2 Pty Ltd
ACN 642787148 (Applicant)
Georges River Council (Respondent)

Representation:

Counsel:
M Staunton (Applicant)
L Sims (Respondent)

Solicitors:
Storey & Gough Lawyers (Applicant)
Georges River Council (Respondent)

File Number(s):

2022/252723

Publication restriction:

No

Judgment

1. COMMISSIONER: On 21 November 2023, I handed down my reasons for judgment in the Class 1 Development Appeal Skyton Developments No. 2 Pty Ltd v Georges River Council [2023] NSWLEC 1698 to uphold the appeal and approve the modification of consent.

2. I made certain findings regarding the terms of the conditions of consent and I directed the parties to provide the Court with conditions of consent reflecting my finding at [87] of my reasons.

3. On 6 December 2023 the parties filed conditions of consent in accordance with my direction.

4. It is now appropriate to approve the Modification Application MOD2022/0052 seeking to modify DA/183/2016 for demolition of existing buildings and construction of a ten (10) storey mixed use development consisting of ground level tenancy and 52 residential apartments (the Consent) at 45 Princes Highway and 99 Regent Street, Kogarah (aka 41 - 47 Princes Highway, Kogarah) legally described as Lots 125, 126 and 127 in DP 1397 and Lot 128 in DP 179777 described as follows:

“Demolition of existing buildings and construction of a 11 storey building used for shop top housing with ground floor commercial space (205m²) and 48 units (6 x studio, 8 x one bedroom, 20 x two bedroom and 14 x three bedroom) and three levels of basement car parking with 61 car spaces plus a EV charging space” (Proposed/Draft Conditions of Consent” (Ex 3))”

Orders:

5. The Court orders:

1. The appeal is upheld.

2. Development Consent No DA/183/2016 is modified in the terms in Annexure A.

3. Development Consent No DA/183/2016 as modified by the Court is Annexure B.

E Espinosa

Commissioner of the Court

Annexure A

Annexure B

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Decision last updated: 12 December 2023