Zaarour v Georges River Council [2021] NSWLEC 1478

Land and Environment Court New South Wales

Medium Neutral Citation: Zaarour v Georges River Council [2021] NSWLEC 1478 Hearing dates: Conciliation conference on 13 August 2021 Date of orders: 23 August 2021 Decision date: 23 August 2021 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No. DA2020/0435 lodged on 10 November 2020, as amended, to demolish the existing dwelling and ancillary structures and the construction of a dual occupancy over basement parking at 10 Kyle Parade, Kyle Bay is approved subject to the conditions in Annexure A to this Agreement. (3) Each party to pay its own costs of the proceedings. Catchwords: DEVELOPMENT APPEAL – residential – dual occupancy – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2000 Kogarah Local Environmental Plan 2012, cl 4.1B, 4.3, 4.4A, 6.1, 6.2 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, Schedule 1 State Environmental Planning Policy (Infrastructure) 2007, cl 45 State Environmental Planning Policy No 55–Remediation of Land, cl 7 Texts Cited: Georges River Council, Community Engagement Strategy Category: Principal judgment Parties: Christopher Zaarour (Applicant) Georges River Council (Respondent) Representation: Counsel: G Christmas (Solicitor) (Applicant) J Ware (Solicitor) (Respondent)