Eskander v Georges River Council [2024] NSWLEC 1006

Land and Environment Court New South Wales

Medium Neutral Citation: Eskander v Georges River Council [2024] NSWLEC 1006 Hearing dates: 20-21 November 2023 Date of orders: 16 January 2024 Decision date: 16 January 2024 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application (DA2022/0387) for the demolition of an existing dwelling and the construction of detached dual occupancy with two levels of basement, swimming pool, landscaping, fencing and associated site works, at 12 Ogilvy Street, Peakhurst, is determined by the grant of consent subject to the conditions in Annexure A. (3) Exhibits 1, 2, F and G are returned, and the remaining exhibits are retained. Catchwords: APPEAL – development application – detached dual occupancy – whether adequate arrangements for suitable vehicular access – impact on trees – landscaping – size of basement and extent of excavation Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2021, ss 23, 38 Georges River Local Environmental Plan 2021, cll 4.3, 4.4A, 6.2, 6.9, 6.12 Land and Environment Court Act 1979, ss 34AA, 39, 40 Local Government Act 1993, s 701 Roads Act 1993, ss 6, 249 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Uniform Civil Procedure Rules 2005, Pt 31 Cases Cited: Ballina Shire Council v Palm Lake Works Pty Ltd [2020] NSWLEC 41 Cavric v Willoughby City Council (2015) 89 NSWLR 461; [2015] NSWCA 182 Fitton v Central Coast Council [2022] NSWLEC 1215 Huntington & Macgillivray v Hurstville City Council [No 2] [2005] NSWLEC 155 Lemnian Association of NSW Maroula Club Ltd v Canterbury-Bankstown Council [2018] NSWLEC 1075 Sydney City Council v Ipoh Pty Ltd (2006) 68 NSWLR 411; [2006] NSWCA 300 Wollondilly Shire Council v Kennedy [2023] NSWLEC 53 Zhang v Canterbury City Council (2001) 51 NSWLR 589; [2001] NSWCA 167 Texts Cited: Georges River Development Control Plan 2021 Georges River Council, Tree Management Policy, 2019 Standards Australia, Australian Standard AS 4970-2009 Protection of trees on development sites, August 2009 Category: Principal judgment Parties: Shady Eskander (Applicant) Georges River Council (Respondent) Representation: Counsel: R White (Applicant) C Koikas (Respondent)