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

Land and Environment Court (NSW)|2021-03-19

Judgment

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).
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).

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.

The appeal is upheld. 2. Development consent DA 2017/0519 granted by the Land and Environment Court is modified to provide for: 1. addition of three residential units from 29 units to 32 units; 2. removal of the car lift and replacement with a ramp; 3. addition of 2 levels of basement (total of 5 levels, instead of 3 levels); 4. addition of 3 car parking spaces, totalling 35 spaces; 5. relocation of the bicycle parking from ground level setbacks to basement levels; 6. adjustments to the ground level waste, storage and shop design including increase in frontage of shop to the laneway; 7. reconfiguration of the built form of the basement entry; 8. internal reconfiguration of units to accommodate relocated core; 9. adjustments of vehicle manoeuvring area and footpath at Railway Lane; and 10. 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. at 2 - 4 Gladstone Street and 10 Victor Street, Kogarah subject to conditions contained in Annexure A.

DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 09 April 2021

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Judgment (3 paragraphs)

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Cases Cited (5)