Hallinan v Georges River Council [2023] NSWLEC 1146

Land and Environment Court New South Wales

Medium Neutral Citation: Hallinan v Georges River Council [2023] NSWLEC 1146 Hearing dates: Conciliation conference 17 March 2023 Date of orders: 31 March 2023 Decision date: 31 March 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant is granted leave to rely upon the amended plans listed in paragraph [6]. (2) The appeal is upheld. (3) Development Application No. DA2021/0189 for the construction of a new, two-storey dwelling house on land known as 44 Park Avenue, Oatley NSW (Lot 21 DP 3230) and associated landscaping and site works is determined by the grant of consent subject to conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – Dwelling house – conciliation conference – agreement between parties – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Hurstville Local Environmental Plan 2012, cll 4.3,4.4, 6.2,6.5,6.6 Land and Environment Court Act 1979, s 34 Local Land Services Act 2013, s 60O State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 2.6,4.6,6.1 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Transport and Infrastructure) 2021 Texts Cited: Georges River Community Engagement Strategy 2018 Category: Principal judgment Parties: Bryan Hallinan (First Applicant) Holly Hallinan (Second Applicant) Georges River Council (Respondent) Representation: Counsel: P Holland (Solicitor)(First and Second Applicant) J Fan (Solicitor)(Respondent)