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.

Read Judge Walsh judgment.

Solicitors for the Applicant: Gavin Shapiro – Environment and Planning Law Team

Get In Touch