Green v Georges River Council [2023] NSWLEC 1483

Land and Environment Court New South Wales

Medium Neutral Citation: Green v Georges River Council [2023] NSWLEC 1483 Hearing dates: Conciliation conference 16, 17 August 2023 Date of orders: 25 August 2023 Decision date: 25 August 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application 2020/0460 for a boundary adjustment by the re-subdivision of the existing two lots of land being Lots 1 and 2 in Deposited Plan 506903 and known as 2A Woodlands Avenue, Lugarno, and ancillary stormwater infrastructure and driveway works, is determined by the grant of consent subject to the conditions in the annexure marked A. Catchwords: DEVELOPMENT APPLICATION – subdivision – conciliation conference - amended plans and documents – agreement reached – orders made. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.46, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Georges River Local Environmental Plan 2021, cl 1.8A Kogarah Local Environmental Plan 2012, cll 2.3, 2.6, 4.1, 6.1, 6.7 Land and Environment Court Act 1979, ss 34, 34AA Rural Fires Act 1997 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 11, Pt 11.2, s 6.65 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Russell Green (Applicant) Georges River Council (Respondent) Representation: Counsel: A Hill (Applicant) C Koikas (Respondent)