Thanos v Georges River Council

Land and Environment Court

New South Wales

Medium Neutral Citation:

Thanos v Georges River Council [2021] NSWLEC 1767

Hearing dates:

Conciliation conference on 10 December 2021

Date of orders:

15 December 2021

Decision date:

15 December 2021

Jurisdiction:

Class 1

Before:

Walsh C

Decision:

The orders of the Court are:

(1) The appeal is upheld.

(2) Development Consent No. DA2018/0214 is modified in the terms set out in Annexure A, including the amended plans listed in Condition 1 to Annexure A (Amended Plans)

(3) Development Consent No. DA2018/0214 as modified by the Court is Annexure B.

(4) The Court notes that the Amended Plans were uploaded to the NSW planning portal on 26 November 2021 and 8 December 2021.

Catchwords:

MODIFICATION APPLICATION – conciliation conference – agreement between the parties – orders

Legislation Cited:

Environmental Planning and Assessment Act 1979, ss 4.16, 4.55

Land and Environment Court Act 1979, s 34

Cases Cited:

Thanos v Georges River Council [2019] NSWLEC 1463

Windy Dropdown Pty Ltd v Warringah Council [2000] NSWLEC 240.

Texts Cited:

Georges River Development Control Plan 2021

Georges River Council Community Engagement Strategy 2018 - 2028

Category:

Principal judgment

Parties:

Peter Thanos (Applicant)
Georges River Council (Respondent)

Representation:

Counsel:
T Messenger (Solicitor) (Applicant)
J Ware (Solicitor) (Respondent)

Solicitors:
Messenger & Messenger (Applicant)
Georges River Council (Respondent)

File Number(s):

2021/302444

Publication restriction:

No

Judgment

1. COMMISSIONER: This modification application (referenced as MOD2021/0176) is made pursuant to the provisions of s 4.55(8) of the Environmental Planning and Assessment Act 1979 (EPA Act).

2. The application is made direct to the Land and Environment Court and seeks to modify Development Consent DA/2018/0214 (the development consent) granted by the Court in proceedings 2018/363618 (Thanos v Georges River Council [2019] NSWLEC 1463) for demolition of a single storey building and construction of a part three and part four storey building containing ground floor business/office premises and a boarding house with ten rooms for eighteen lodgers and on-site parking at 31 Regent Street, Kogarah (Lot 15 DP 1397).

3. The modification application seeks certain amendments to approved plans. The ground floor plan would change to incorporate a mains meter cupboard at the front door and the addition of a fire booster. The North-East and North-West elevation drawings would be amended to incorporate the addition of the mains meter cupboard and other fire services-associated changes along with certain changes to shop front windows, balustrading and the like. An updated BASlX certificate has also been prepared, and would be appropriately referenced in consent conditions.

4. The Court arranged a conciliation conference under s 34 of the Land and Environment Court Act 1979 (LEC Act) between the parties, which has been held on 10 December 2021. I presided over the conciliation conference.

5. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties.

6. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ decision, if…