Ma v Georges River Council [2023] NSWLEC 1085

Land and Environment Court New South Wales

Medium Neutral Citation: Ma v Georges River Council [2023] NSWLEC 1085 Hearing dates: Conciliation conference on 24 February 2023 Date of orders: 28 February 2023 Decision date: 28 February 2023 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The Applicant is to pay the Council's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or as assessed. (2) The Appeal is upheld. (3) Development consent is granted to Development Application No. DA2021/0401, as amended, for demolition works, subdivision of land into two (2) lots, construction of two (2) two storey detached dwellings with a basement and two (2) secondary dwellings, swimming pool and associated works on land legally described as Lot 16 in DP662877 and known as 15-17 Greenbank Street, Hurstville NSW 2220, subject to the conditions at Annexure A. Catchwords: APPEAL – development application – Torrens title subdivision of land into two lots and construction of dwelling houses and secondary dwellings – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55, Sch 1 Georges River Local Environmental Plan 2021 cl 1.8A Kogarah Local Environmental Plan 2012 cll 2.6, 5.10, 6.2 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021 s 6.65, Ch 11, Pt 11.2 State Environmental Planning Policy (Resilience and Hazards) 2021 cl 4.6 Category: Principal judgment Parties: Carol Li Ma (First Applicant) De Yong Chen (Second Applicant) Georges River Council (Respondent) Representation: Counsel: E Fleming (Solicitor) (Applicants) J Fan (Solicitor) (Respondent)