Salhab v Georges River Council [2022] NSWLEC 1194

Land and Environment Court New South Wales

Medium Neutral Citation: Salhab v Georges River Council [2022] NSWLEC 1194 Hearing dates: Conciliation Conference on 1 April 2022 Date of orders: 19 April 2022 Decision date: 19 April 2022 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to development application number DA2020/0192 lodged with the Respondent on 7 May 2020 and subsequently amended as filed with the Court on 30 March 2022, seeking consent for the demolition of existing dwelling and structures, and the construction of a two-storey attached dual occupancy with swimming pools on Lot 8 DP 236988, known as 68 Morshead Drive, Connells Point, subject to conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – demolition – construction of new two storey attached dual occupancy – amended plans – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Georges River Local Environmental Plan 2021, cl 1.8A Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment, Pt 2, cl 7 Kogarah Local Environmental Plan 2012, cll 2.3, 2.7, 4.1B, 4.3 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy Amendment (Miscellaneous) 2021 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Coastal Management) 2018, cll 5, 13, 14, 16 State Environmental Planning Policy (Infrastructure) 2007, cl 45 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy (Resilience and Hazards) 2021 Texts Cited: Greater Metropolitan Regional Environmental Plan No 2 – Georges River Catchment, Pt 2, cl 7 Category: Principal judgment Parties: Buddy Salhab (Applicant) Georges River Council (Respondent) Representation: Solicitors: V Conomos(Solicitor) (Applicant) J Hewitt (Solicitor) (Respondent)