Bishay v Georges River Council [2024] NSWLEC 1014

Land and Environment Court New South Wales

Medium Neutral Citation: Bishay v Georges River Council [2024] NSWLEC 1014 Hearing dates: Conciliation conference 21 December 2023 Date of orders: 23 January 2024 Decision date: 23 January 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No DA2022/0402 for the demolition and construction of an attached two (2) storey dual occupancy, with Torrens title subdivision, landscaping and associated site works on land at Lot 51 DP 35818 known as No 17 Munmurra Road, Riverwood, is determined by a grant of consent subject to conditions contained in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – demolition and construction of an attached dual occupancy development – torrens title subdivision – conciliation conference – amended development application – orders made. Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2021, ss 23, 37 Georges River Local Environmental Plan 2021, cll 2.7, 4.1A, 4.1B, 4.3, 4.4, 4.6, 6.2, 6.3, 6.7, 6.9, 6.12 Land and Environmental Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 State Environmental Planning Policy (Biodiversity and Conservation) 2021, 6.6, 6.7, 6.8, 6.9, 6.10, Ch 2, 6 Texts Cited: Georges River Development Control Plan 2021 Category: Principal judgment Parties: Reda Bishay (First Applicant) Hany Maher Gayed Ibrahim (Second Applicant) Shereen Ibrahim (Third Applicant) Georges River Council (Respondent) Representation: Counsel: L Nupuri (Applicant) J Fan (Solicitor)(Respondent)