Chahine v Georges River Council [2024] NSWLEC 1504

Land and Environment Court New South Wales

Medium Neutral Citation: Chahine v Georges River Council [2024] NSWLEC 1504 Hearing dates: Conciliation Conference on 27 and 28 May, 18 and 28 June 2024 Date of orders: 21 August 2024 Decision date: 21 August 2024 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to development application No. DA 2023/0268 for the demolition of existing structures and installation of an in-ground swimming pool, fire pit and related works at Lot 1 DP 549125, also known as 18 Beach Street Blakehurst, NSW, 2221, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 8.7, Sch 1, Div 2, subs 7(1) Land and Environment Court Act 1979, ss 34, 34AA Swimming Pools Act 1992 Environmental Planning and Assessment Regulation 2021, s 38 Georges River Local Environmental Plan 2021, cll 2.2, 2.3, 6.1, 6.2, 6.3, 6.4, 6.5, 6.6, 6.12 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, s 6.1 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Georges River Development Control Plan 2021 Category: Principal judgment Parties: Mohamad Chahine (Applicant) Georges River Council (Respondent) Representation: Counsel: M Ayache (Solicitor) (Applicant) B Jackson (Barrister) (Respondent)