Encore Australia Management Pty Ltd v Georges River Council [2026] NSWLEC 1396
Before: Espinosa C · NSW Land and Environment Court
Summary
DEVELOPMENT APPEAL – demolition – earthworks – construction of co-living housing and boarding house – contravention of height of building development standard – conciliation conference – agreement between the parties – orders
Catchwords
DEVELOPMENT APPEAL – demolition – earthworks – construction of co-living housing and boarding house – contravention of height of building development standard – conciliation conference – agreement between the parties – orders
Outcome
The Court orders: (1) The appeal is upheld. (2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the costs of the respondent consent authority that are thrown away as a result of amending the Development Application in the agreed amount of $4,900.00. (3) Development Application DA2025/0567 for the demolition of existing structures and construction of a seven (7) storey co-living housing and boarding house development comprising of forty-two (42) co-living rooms, nine (9) boarding rooms, two (2) levels of basement car parking (with eleven (11) car spaces, ten (10) bicycle spaces and three (3) motorcycle spaces), communal living areas and communal open space at Lot 266 in DP 7182, being 5 Mona Street, Allawah is determined by the grant of consent subject to the conditions set out in Annexure ‘A’.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.16, 8.7 Fisheries Management Act 1994 (NSW) Land and Environment Court Act 1979 (NSW), s 34 Water Management Act 2000 (NSW) Environmental Planning and Assessment Regulation 2021 (NSW), s 38 Georges River Local Environmental Plan 2021, cll 2.7, 4.3, 4.4, 4.6, 6.3, 6.9, 6.10 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13, 6.2, 6.14, 6.60 State Environmental Planning Policy (Housing) 2021, Chs 2, 3, Pts 2, 3, Div 2, ss 12A, 23, 24, 25, 67, 68, 69, 70 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, Ch 2
Read the full judgment
Authoritative text on NSW Caselaw · ~47k words
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