Kogarah Bay Property Pty Ltd v Georges River Council [2026] NSWLEC 1335
Before: Targett C · NSW Land and Environment Court
Summary
APPEAL — Development application — conciliation conference — agreement between the parties — orders
Catchwords
APPEAL — Development application — conciliation conference — agreement between the parties — orders
Outcome
The Court orders that: (1) The appeal is upheld. (2) Development Application DA2025/0170, as amended, for the alterations and additions to the approved six-storey residential flat building to provide for the addition of two storeys, alterations to building configuration and associated site works at 192-196 Princes Highway, Kogarah Bay, is determined by the grant of consent subject to conditions set out in Annexure A. (3) The applicant is to pay the respondent’s costs thrown away as a result of the amendment of Development Application DA2025/0170 pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) in the agreed sum of $17,500.00 within 28 days of the Court’s orders.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 8.7, 8.10, 8.11, 8.15 Land and Environment Court Act 1979 (NSW), ss 17, 34 Environmental Planning and Assessment Regulation 2021 (NSW), s 38 Georges River Local Environmental Plan 2011, cll 4.3, 4.4, 4.6, 5.10, 6.1, 6.2, 6.3, 6.7, 6.9, 6.10 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, Pt 6.2 State Environmental Planning Policy (Housing) 2021, Chs 2, 4, ss 15C, 18, 19, 20, 21, 145, 147, 148 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119, 2.120
Read the full judgment
Authoritative text on NSW Caselaw · ~37k words
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