Thanos v Georges River Council

Land and Environment Court

New South Wales

Medium Neutral Citation:	Thanos v Georges River Council [2019] NSWLEC 1463
Hearing dates:	Conciliation conference on 23 July 2019
Date of orders:	02 October 2019
Decision date:	02 October 2019
Jurisdiction:	Class 1
Before:	Gray C
Decision:	See orders at [7] below
Catchwords:	DEVELOPMENT APPLICATION – boarding house – conciliation conference – agreement between the parties – orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Kogarah Local Environmental Plan 2012 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 55 – Remediation of Land
Texts Cited:	NSW Government Department of Planning, ‘Development Near Rail Corridors and Busy Roads- Interim Guideline’ (2008)
Category:	Principal judgment
Parties:	Peter Thanos (Applicant) Georges River Council (Respondent)
Representation:	Counsel: T Messenger (Solicitor) (Applicant) V McGrath (Solicitor) (Respondent)   Solicitors: Messenger & Messenger Pty Ltd (Applicant) Lindsay Taylor Lawyers (Respondent)
File Number(s):	2018/363618
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal concerning a development application for the demolition of a single storey building and the construction of a part three and part four storey building containing ground floor business/office premises and a boarding house at 31 Regent Street, Kogarah. The appeal is lodged pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (“EPA Act”). In exercising the functions of the consent authority on the appeal, the Court has the power to determine the development application pursuant to ss 4.15 and 4.16 of the EPA Act. The final orders in this appeal, outlined in [7] below, are made as a result of an agreement between the parties that was reached at a conciliation conference.

2. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (“LEC Act”) between the parties, which was held on 23 July 2019. I presided over the conciliation conference.

3. Following the conciliation conference, an agreement under s 34(3) of the LEC Act was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. The decision agreed upon is for leave to be granted to amend the development application, and for the grant of development consent subject to conditions of consent pursuant to s 4.16(1) of the EPA Act. The proposal has been designed as a 3 storey building to address Regent Street and 4 storeys with additional lift overrun at the rear addressing Post Office Lane. The amended development application includes proposed access to the car parking area from Post Office Lane, and provides 4 car parking spaces in the form of a car stacker.

4. As the presiding Commissioner, I am satisfied that the decision to grant development consent to the amended application subject to conditions of consent is a decision that the Court can make in the proper exercise of its functions (this being the test applied…