Lombardi v Georges River Council [2023] NSWLEC 1451

Land and Environment Court New South Wales

Medium Neutral Citation: Lombardi v Georges River Council [2023] NSWLEC 1451 Hearing dates: Conciliation Conference 5, 28 June, 17 July 2023 [amended plans filed 18 July 2023] Date of orders: 15 August 2023 Decision date: 15 August 2023 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application No DA2021/0361 for alterations and additions to existing dwelling house and change of use into 8 room boarding house at 50 Lily Street, Hurstville known as Lot 56 in DP 57673, subject to the conditions of consent in Annexure A. (3) The applicant is to pay the respondent's costs thrown away as a result of the amendment of the Development Application pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. Catchwords: DEVELOPMENT APPEAL – alterations and additions – change of use to boarding house – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, s 38 Georges River Local Environmental Plan 2021, cl 1.8A Hurstville Local Environmental Plan 2012 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009, Pt 2, Div 3, cll 26, 27, 28, 29, 30, 30A State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 10.2, Ch 10, Pt 10.3, Div 2 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, Ch 2, Sch 7A, cl 2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Carmelina Lombardi (Applicant) Georges River Council (Respondent) Representation: Counsel: A Gough (solicitor) (Applicant) J Hewitt (solicitor) (Respondent)