Moussa v Georges River Council [2020] NSWLEC 1419

Land and Environment Court New South Wales

Medium Neutral Citation: Moussa v Georges River Council [2020] NSWLEC 1419 Hearing dates: Conciliation conference on 3 and 17 August 2020 Date of orders: 10 September 2020 Decision date: 10 September 2020 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) The appeal is upheld. (2) The modification application MOD2019/0097 to modify development consent No. DA2017/0198, for demolition of existing structure(s) and construction of a part two storey and part three storey dwelling is determined by approving the modifications as set out in the plans and documents listed at Condition 1 in Annexure A. (3) As a consequence of (2) above, Development Consent No. DA2017/0198 is now subject to the consolidated, modified conditions of development consent set out in Annexure B. Catchwords: APPEAL – Conciliation Conference – modification application – works on council land – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Greater Metropolitan Regional Environmental Plan No 2—Georges River Catchment Hurstville Local Environmental Plan 2012 Land and Environment Court Act 1979 Roads Act 1993 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 Texts Cited: Hurstville Development Control Plan No. 1 New South Wales Department of Planning and Environment, Draft Environment State Environmental Planning Policy New South Wales, Draft Remediation of Land State Environmental Planning Policy Category: Principal judgment Parties: Mustapha Moussa (Applicant) Georges River Council (Respondent) Representation: Counsel: Sarah Wilson (Solicitor) (Respondent) A Karaman (Agent) (Respondent)