Gemaveld Pty Limited v Georges River Council [2022] NSWLEC 1182

Land and Environment Court New South Wales

Medium Neutral Citation: Gemaveld Pty Limited v Georges River Council [2022] NSWLEC 1182 Hearing dates: Conciliation conference on 18 February 2022, 14 March 2022 and 28 March 2022 Date of orders: 07 April 2022 Decision date: 07 April 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No DA 2020/0247, as amended, for demolition works, construction of a multi level dwelling house, swimming pool, front fence, landscaping and site works on Lot B DP 33563 known as 117 Stuart Street Blakehurst, is determined by the grant of consent, subject to conditions set out in Annexure 'B'. Catchwords: DEVELOPMENT APPLICATION – dwelling house in R2 Low Density Residential zone – conciliation conference – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Georges River Local Environmental Plan 2021, cl 1.8A Kogarah Local Environmental Plan 2012, cll 4.3, 5.21, 6.1, 6.2, Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Resilience & Hazards) 2021, cll 2.4, 2.12, 2.13 State Environmental Planning Policy (Biodiversity and Conservation) 2021, cll 11.6, 11.7 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Category: Principal judgment Parties: Gemaveld Pty Limited (Applicant) Georges River Council (Respondent) Representation: Counsel: S Berveling (Applicant) R O'Gorman-Hughes (Respondent)