Petrou v Cumberland Council [2024] NSWLEC 1343

Land and Environment Court New South Wales

Medium Neutral Citation: Petrou v Cumberland Council [2024] NSWLEC 1343 Hearing dates: Conciliation conference on 3 and 18 June 2024 Date of orders: 21 June 2024 Decision date: 21 June 2024 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA2023/0554 for the demolition of existing structures and the construction of an attached dual occupancy (being Stage 1) and the subsequent Torrens title subdivision of the dwellings for the end purpose of creating semi-detached dwellings (Stage 2) at Lot 32 in DP 228518, being No. 8 Aster Street, Greystanes, is determined by the grant of development consent, subject to the conditions set out in Annexure B. (3) The Applicants are to pay the Respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, agreed in sum of $1,000 to be paid within 28 days. Catchwords: APPEAL – development application – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.12, 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021 ss 27, 37, 38 Land and Environment Court Act 1979, s 34 Cumberland Local Environmental Plan 2021, cll 2.6, 4.1A, 4.1B, 4.3, 6.2,6.4 6.7, 6.9, 6.12 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt 6.2, ss 6.6, 6.7, 6.9 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 Category: Principal judgment Parties: Savas Petrou (First Applicant) Angela Petrou (Second Applicant) Cumberland Council (Respondent) Representation: Counsel: P Vergotis (Solicitor) (Applicants) C McFadzean (Solicitor) (Respondent)