Choker v Georges River Council [2022] NSWLEC 1415

Land and Environment Court New South Wales

Medium Neutral Citation: Choker v Georges River Council [2022] NSWLEC 1415 Hearing dates: 29 June 2022 Date of orders: 04 August 2022 Decision date: 04 August 2022 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The applicant's written request pursuant to clause 4.6 of Hurstville Local Environmental Plan 2012 (in relation to the minimum lot sizes for dual occupancies standard at clause 4.1A of Hurstville Local Environmental Plan 2012), prepared by Planning Ingenuity at dated 21 June 2022, is upheld. (2) The appeal is upheld. (3) Development Application DA2021/0324 for the demolition of an existing dwelling and the construction of a new attached two storey dual occupancy development, each with a swimming pool and cabana, including landscaping, tree removal and associated site works at 49 Johnstone Street Peakhurst, is approved subject to the conditions included at Annexure A. (4) Exhibits 2, 3, 4, 6, and B are returned. The remaining exhibits are retained. Catchwords: DEVELOPMENT APPLICATION – dual occupancy –contravention of minimum lot size for dual occupancy standard – whether sufficient environmental planning grounds – foreshore scenic protection area Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Georges River Local Environmental Plan 2021, cl 1.8A Hurstville Local Environmental Plan 2012 cl 4.1A, 4.6, 6.4, 6.7 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 11.6, 11.7 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Cases Cited: Davies v Penrith City Council [2013] NSWLEC 1141 Eather v Randwick City Council [2021] NSWLEC 1075 Emmott v Ku-ring-gai Municipal Council (1954) 3 LGERA 177 Goldin v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 (2002) 121 LGERA 101; [2002] NSWLEC 75 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Moskovich v Waverley Council [2016] NSWLEC 1015 Petrovic v Randwick City Council [2021] NSWLEC 1242 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Georges River Development Control Plan 2021 Hurstville Development Control Plan No 1 Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (February, 2022) Category: Principal judgment Parties: Moussa Choker (Applicant) Georges River Council (Respondent) Representation: Counsel: L Nurpuri (Barrister) (Applicant) D Le Breton (Solicitor) (Respondent)