Dabbagh v Georges River Council [2022] NSWLEC 1052

Land and Environment Court New South Wales

Medium Neutral Citation: Dabbagh v Georges River Council [2022] NSWLEC 1052 Hearing dates: Conciliation conference on 1 February 2022 Date of orders: 8 February 2022 Decision date: 08 February 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: 1) The Written Request under cl 4.6 HLEP dated 15 December 2021 relating to the development standard set out in cl. 4.1A HLEP (Lot Size for Dual Occupancies) is upheld. 2) The Appeal is upheld. 3) The application for demolition of existing structures and construction of an attached two (2) storey dual occupancy development with two (2) rear in-ground swimming pools, two (2) rear cabanas and front fencing, including landscaping and engineering works, is approved subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPEAL – residential development – dual occupancy – minimum lot size development standard – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, Pt 4 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Hurstville Local Environmental Plan 2012, cll 4.1A, 4.3, 4.4, 4.6, 5.10, 5.21, 6.1, 6.7 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, cl 8 State Environmental Planning Policy No. 55 - Remediation of Land, cl 7 State Environmental Planning Policy (Infrastructure) 2007, cl 45 Greater Metropolitan Regional Environmental Plan No 2- Georges River Catchment, cll 8, 9 Local Land Services Act 2013, s 60O Georges River Local Environmental Plan 2021, cl 1.8A Cases Cited: Fast Bucks v Byron Shire Council (1999) 103 LGERA 94; [1999] NSWCA 19 Texts Cited: Hurstville Development Control Plan Category: Principal judgment Parties: Ethan Dabbagh (Applicant) Georges River Council (Respondent) Representation: Counsel: C Gough (Solicitor) (Applicant) Dr S Berveling (Respondent)