El Mir v Georges River Council [2023] NSWLEC 1704

Land and Environment Court New South Wales

Medium Neutral Citation: El Mir v Georges River Council [2023] NSWLEC 1704 Hearing dates: Conciliation conference on 13-15 November 2023 Date of orders: 23 November 2023 Decision date: 23 November 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Appeal is upheld. (2) Development consent is granted to Development Application No. DA2022/0400 for demolition works and construction of a dual occupancy at Lot 40 in Deposited Plan 209573, known as 26 Whitegates Avenue, Peakhurst Heights NSW 2210 subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION: dual occupancy development in R2 Low Density Residential zone – conciliation conference – agreement between parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, ss 34, 34AA Georges River Local Environmental Plan 2021, cll 4.1, 4.1B, 4.3, 4.4, 4.6, 5.10, 6.1, 6.2, 6.3, 6.9, 6.12, Sch 5 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 11, ss 6.65, 11.6, 11.7 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 Texts Cited: Department of Urban Affairs and Planning, Georges River Catchment Regional Planning Strategy Georges River Council Community Engagement Strategy 2018-2028 Georges River Development Control Plan 2012 Category: Principal judgment Parties: Mustapha El Mir (Applicant) Georges River Council (Respondent) Representation: Counsel: A Chryssochoides (Solicitor) (Applicant) A Rutherford (Solicitor) (Respondent)