Janevski v Georges River Council [2024] NSWLEC 1361

Land and Environment Court New South Wales

Medium Neutral Citation: Janevski v Georges River Council [2024] NSWLEC 1361 Hearing dates: Conciliation Conference 24 June 2024 Date of orders: 28 June 2024 Decision date: 28 June 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application No DA2022/0186, as amended, for the demolition and construction of two two-storey attached dwellings, landscaping and site works, on land identified as Lots 132 and 133 Section 4 in DP 3181, known as 12 Broughton Street, Mortdale NSW 2223, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – residential development – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2021 ss 27, 38 Georges River Local Environmental Plan 2021, cll 2.7, 4.3, 4.4A, 6.1, 6.12 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6, 11 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Water Catchments) 2022 Texts Cited: Georges River Development Control Plan 2021 Category: Principal judgment Parties: Van Janevski (Applicant) Georges River Council (Respondent) Representation: Counsel: D Loether (Solicitor)(Applicant) J Fan (Solicitor)(Respondent)