Salem v Georges River Council [2022] NSWLEC 1408

Land and Environment Court New South Wales

Medium Neutral Citation: Salem v Georges River Council [2022] NSWLEC 1408 Hearing dates: Conciliation conference on 2 and 20 June 2022 and 21 July 2022 Date of orders: 3 August 2022 Decision date: 03 August 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Consent is granted to DA2021/0295 for demolition of existing structures, tree removal and construction of a 6-storey mixed use development comprising a ground floor commercial tenancy, a 40 room Boarding House including a communal room, managers room and associated amenities above two levels of basement car parking subject to conditions contained in Annexure 'A'. (3) The Applicant is to pay the Respondent's costs thrown away in accordance with section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. Catchwords: DEVELOPMENT APPEAL – boarding house - conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.16, 8.7, 8.15 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 1991 Interpretation Act 1987, s 30A Kogarah Local Environmental Plan 2012, cll 4.3, 5.21, 6.1, 6.2, 6.5, Land and Environment Court Act 1979, s 34State Environmental Planning Policy (Affordable Rental Housing) 2009, cl 29, 30 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 11.7 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy (Resilience and Hazards)) 2021, s 4.6 State Environmental Planning Policy (Transport and infrastructure) 2021, s 2.119, 2.121 State Environmental Planning Policy (Housing) 2021, s 7A Category: Principal judgment Parties: Mamdouh Salem (Applicant) Georges River Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) D Le Breton (Solicitor) (Respondent)