Edrik Properties Pty Ltd trading as Vortex Property Group (NSW) v Georges River Council

Judgment

1. COMMISSIONER: These proceedings relate to an appeal to the Land and Environment Court (Court) pursuant to s 4.55(8) of the Environmental Planning and Assessment Act 1979 (EPA Act) made directly to the Court to modify development consent DA 2017/0519 granted by the Court (Vortex Property Group Pty Ltd v Georges River Council [2019] NSWLEC 1153 (Vortex)) at 2 - 4 Gladstone Street and 10 Victor Street, Kogarah (the site).
2. The development consent DA 2017/0519 was granted by the Court on 11 April 2019 for:

• the demolition of two existing single dwellings and various freestanding buildings;
• the construction of a nine and ten storey residential flat building containing 29 units;
• ground level retail space; and
• three levels of basement car parking accessed via a car lift (approved development).

1. The proposed development seeks consent for (Modification Application):

• addition of three residential units from 29 units to 32 units;
• removal of the car lift and replacement with a ramp;
• addition of 2 levels of basement (total of 5 levels, instead of 3 levels);
• addition of 3 car parking spaces, totalling 35 spaces;
• relocation of the bicycle parking from ground level setbacks to basement levels;
• adjustments to the ground level waste, storage and shop design including increase in frontage of shop to the laneway;
• reconfiguration of the built form surrounding the basement entry;
• internal reconfiguration of units to accommodate relocated core;
• adjustments of vehicle manoeuvring area and footpath at Railway Lane; and
• redesign of Level 10 including the relocation of the roof top communal open space from northern side to southern side of the building and reduction in size of Level 10 unit from a 3 bedroom to a 2 bedroom unit.