BT Development Group Pty Ltd v Georges River Council
Case Overview
In the case of BT Development Group Pty Ltd v Georges River Council [2023] NSWLEC 1490, the Land and Environment Court heard an appeal against the refusal of Development Application DA2022/0098 by Georges River Council. The application sought consent for the demolition of existing structures and construction of industrial buildings in Beverly Hills. The Court facilitated a conciliation conference, resulting in an agreement between the parties.
The Court approved the application to amend DA2022/0098 based on specified materials. The appeal was upheld, granting consent for the development with conditions outlined in Annexure A. The applicant was directed to pay the respondent’s. The judgment details the jurisdictional considerations, compliance with relevant environmental plans, and acceptance of expert advice on various aspects, including flood planning, stormwater management, and essential services. The decision was made in accordance with the parties’ agreement and statutory requirements.
Hones Lawyers Pty Ltd represented BT Development Group Pty Ltd in this matter with Gavin Shapiro as the representative. Gavin Shapiro, the representing solicitor seeked consent on behalf of BT Development Group Pty Ltd for the demolition of all existing structures and the construction of two new buildings containing 17 industrial/warehouse units at 169B, 171 and 173 Penshurst Street, Beverly Hills, legally described as Lot B in DP366571 and Lots 8 and 9 in DP20592 (the site). Both parties agreed to amend DA2022/0098 based on specified materials with the direction of paying the respondent’s costs.
Solicitors for the Applicant: Gavin Shapiro – Environment and Planning Law Team
Customer Testimonials
Don’t just take our word for it, read what our customers have to say.
Over the past four years, my wife and I have experienced the burden of an easement that was placed over our property by the previous owner of an adjacent property. The current neighbour holding the dominant tenement rights considered that he had exclusive use of the section of our property covered by the easement. He seemed to have little or no social conscious, and caused us much unnecessary distress by his intrusion, and practice of "storing" his unwanted possessions in our place. Something had to be done about it particularly as I was fearful of leaving my wife at the mercy of his bullying and intimidating behaviour should I pre-decease her, given our age difference. I asked a barrister friend if she could recommend a solicitor(s) who specialise in easements. I was given a list of solicitors at the top of which was Hones Lawyers. I decided to seek the help of Jason Hones and his team, and it has turned out to be one of the best decisions I have ever made in my 87 years lifetime. Jason, together with his associate Peter Clarke handled our matter for the best part of two years during which they were at all times respectful to us, and attended in a most competent and professional way to every one of our concerns and steps along the way. Hones Lawyers represented us in communications with our neighbours' solicitors, and did everything in their power to achieve a mutually agreeable outcome. Their efforts were continually hampered by obfuscation from the other side until it finally became obvious that our only course of action was to take the matter to court. Under the expert guidance of Jason and Peter, our matter was heard in the Supreme Court of NSW and we are extremely grateful to have been successful in achieving judgement in our favour, and the purported easement has been declared invalid. As mentioned earlier, we are impressed with the respect we received at all times from Hones Lawyers, as well as their conscious effort to communicate with us without confusing us with "legal speak". Their selection of senior and junior counsel was spot on and achieved an excellent legal team to represent our interests. Jason personally came with us to make the introduction to counsel and sat with us through the preparation negotiations. Throughout the whole process Peter Clarke proved to be a very intelligent and extremely competent young man, a valuable representative for his organisation, and was always polite and available for our every requirement. In conclusion, we have absolutely no hesitation in recommending Hones Lawyers to anyone who wants competent legal representation carried out properly and efficiently. Max (and Janet) Petrie Max Petrie13 August 2024 Peter has recently represented me in a matter & I have found him to be incredibly knowledgeable, extremely articulate and very responsive. He also has an impressive network of professionals around him and he has a “get it done” attitude. I would have no hesitation in recommending him and Hones & I would definitely retain his services again. Matt McEwan30 May 2024 I have been working with Jane Mercer over the past few weeks finalising everything for settlement on my new place. Jane has been one of the most helpful and plesant people I have dealt with throughout my property purchasing journey. She is friendly, responsive, helpful, took a lot of time to explain things to me I was not clear on and got my settlement done in 15 days! I would highly recommend using Hones Lawyers and especially Jane who was an absolute pleasure to work with. Would happily engage with Jane any time I need help. Thank you Jane! miranda rutherford20 May 2024 I highly recommend this law firm. I recently engaged them to handle the conveyancing of my house and was very impressed with their knowledge and attention to detail. Wilana23 November 2021 Hones Lawyers, This company team can be trust, understand well your thought, professional battle a case on your behalf, and respond your question quickly. Special "Gavin" is my favorite, he is well organized, polite and so gentlemen guide us step by step for your worry since start to finish. Thanks for your help our case Gavin for finalized easement matter with plaintiff in mid this year 2020, and you and your team done great job. Minh Le30 June 2020