Auzoom Holdings Pty Ltd v Georges River Council [2026] NSWLEC 1401
Before: Dickson C · NSW Land and Environment Court
Summary
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the deemed refusal of development application DA/2025/0266. As amended the development application seeks consent for the construction of a four storey building including tree removal, minor demolition, alterations and additions to the existing heritage item, landscaping and civil works as well as the use of the building and the heritage item as co-living housing with 20 rooms and a m
Catchwords
DEVELOPMENT APPLICATION – alterations and additions, new four storey building for use as co-living housing – conciliation conference – amended plans and documents – agreement between the parties – orders made.
Outcome
The Court orders that: (1) The appeal is upheld. (2) Development Application DA 2025/0266, as amended, for the construction of a four storey building including tree removal, minor demolition, alterations and additions to the existing heritage item, landscaping and civil works as well as the use of the four storey building and the existing heritage item as co-living housing with 20 rooms and a maximum of 43 lodgers at 4 Queens Avenue, Kogarah (Lot B in DP 384976) is determined by the grant of consent subject to the conditions in Annexure A. (3) The Applicant is to pay the Respondent’s costs thrown away as a result of the amendment of Development Application DA2025/0266 pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) in the agreed sum of $14,000 within 28 days of the Court’s orders.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), Pt 4, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979 (NSW), s 34 Local Land Services Act 2013 (NSW), Pt 5B, s 60O Environmental Planning and Assessment Regulation 2021 (NSW), Sch 7, s 23 Georges River Local Environmental Plan 2021, Sch 5, cll 2.3, 2.7, 4.3, 4.4, 4.6, 5.10, 6.2, 6.3, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, ss 2.3, 2.6, 2.7 State Environmental Planning Policy (Housing) 2021, Ch 3, Pt 3, ss 67, 68, 69, 70 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48
Read the full judgment
Authoritative text on NSW Caselaw · ~35k words
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