Grounds v Georges River Council [2024] NSWLEC 1419

Land and Environment Court New South Wales

Medium Neutral Citation: Grounds v Georges River Council [2024] NSWLEC 1419 Hearing dates: Conciliation conference on 19 and 20 June 2024 Date of orders: 24 July 2024 Decision date: 24 July 2024 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders that: (1) The Appeal is upheld. (2) Development Application number DA 2020/160 for demolition and construction of a new Attached Dual Occupancy, a swimming pool for each dwelling, landscaping, site works and Torrens Title subdivision, at Lot 214 DP 12759, known as 8 Gooroa Street, Carrs Park, is determined by the grant of Development Consent subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – Attached Dual Occupancy – amended plans – height – landscaping - privacy – agreement. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2021, s 38 Georges River Local Environmental Plan 2021, cll 4.3, 4.6, 5.21, 6.1, 6.2, 6.9 State Environmental Planning Policy (Biodiversity & Conservation) 2021 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards), Ch 2 State Environmental Planning Policy (Transport & Infrastructure) 2021, s 2.48 Category: Principal judgment Parties: Jamie Grounds (Applicant) Georges River Council (Respondent) Representation: Counsel: S Berveling (Applicant) A Jucha (Respondent)