M and J Conradt Pty Ltd and M and J Conradt Investment Trust v Georges River Council

Land and Environment Court New South Wales Medium Neutral Citation: M & J Conradt Pty Ltd and M & J Conradt Investment Trust v Georges River Council [2016] NSWLEC 1425 Hearing dates:19 July 2016Date of orders: 19 July 2016 Decision date: 19 July 2016 Jurisdiction:Class 1Before: Dixon C Decision: See paragraph [31] Catchwords: APPEAL - consent orders - development application – construction of a multi-dwelling development with strata subdivision – density of development – objectors concerns - privacy and amenity impacts Legislation Cited: Environmental Planning and Assessment Act 1979 Hurstville Local Environmental Plan 2012 Hurstville Development Control Plan No 1 Category:Principal judgmentParties: M & J Conradt Pty Ltd and M & J Conradt Investment Trust (Applicant) Georges River Council (Respondent) Representation: Counsel: Mr M Staunton (Applicant) Ms Jennifer Ware (Solicitor) (Respondent)   Solicitors: Mr Grant Christmas, Apex Planning and Environment Law (Applicant) Ms Jennifer Ware, Georges River Council (Respondent) File Number(s):2016/00161764ex tempore Judgment This judgment concerns a development application (DA 2015/0209) for the construction (and strata subdivision) of a multi-dwelling development at 59 Park Street, Peakhurst (the Site). The proceedings were commenced by M & J Conradt Pty Ltd and M & J Conradt Investment Trust, (the Applicant) pursuant to s 97(1) of the Environmental Planning Assessment Act 1979 (EPA Act) following the Georges River Council’s decision to refuse its consent to the development. The Council’s decision to refuse consent was contrary to the recommendation of the Council’s Assessing Officer who had supported a variation to the density and excavation controls...