Saia v Georges River Council [2024] NSWLEC 1584

Land and Environment Court New South Wales

Medium Neutral Citation: Saia v Georges River Council [2024] NSWLEC 1584 Hearing dates: Conciliation Conference 9 and 10 September 2024 Date of orders: 26 September 2024 Decision date: 26 September 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) Owners Consent of the Council is granted to DA 2023/0430. (2) The appeal is upheld. (3) Development application number DA2023/0430, as amended, for Lot 1 in DP 237427, otherwise known as 20 Cedar Street Lugarno, is determined by the grant of development consent subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPEAL – residential development - excavation – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 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 2.2, 4.3, 4.4A, 6.1, 6.3, 6.6, 6.9, 6.10, 6.12 State Environmental Planning Policy (Biodiversity and Conservation) 2021 ss 6.1, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11 State Environmental Planning Policy (Sustainable Buildings) 2022 s 4.2 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 Cases Cited: Tenacity Consulting v Waringah (2004) 134 LGERA 23; [2004] NSWLEC 140 HP Subsidiary Pty Ltd v City of Parramatta Council [2020] NSWLEC 135 Sydney City Council v Ipoh Pty Ltd (2006) 68 NSWLR 411; [2006] NSWCA 300 SHMH Properties Australia Pty Ltd v City of Sydney Council [2018] NSWLEC 66 Texts Cited: Georges River Development Control Plan 2021 Category: Principal judgment Parties: Franco Saia (First Applicant) Poppy Yellow Saia (Second Applicant) Georges River Council (Respondent) Representation: Counsel: C Koikas (First and Second Applicants) J Fan (Solicitor)(Respondent)