Construction By Design (NSW) Pty Ltd v Georges River Council [2024] NSWLEC 1658

Land and Environment Court New South Wales

Medium Neutral Citation: Construction By Design (NSW) Pty Ltd v Georges River Council [2024] NSWLEC 1658 Hearing dates: Conciliation conference on 3 October 2024 Date of orders: 17 October 2024 Decision date: 17 October 2024 Jurisdiction: Class 1 Before: Washington C Decision: The Court orders: (1) The Appeal is upheld. (2) Development Application No. DA2023/0612, as amended, for the demolition of existing dwelling and ancillary structures and construction of a two-storey dwelling house, swimming pool and associated civil and landscape works on Lot A in DP310289, known as 36 Beach Street, Blakehurst, NSW, 2221, is determined by the grant of development consent subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – residential dwelling – 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 Sydney Water Act 1994, s 78 Environmental Planning and Assessment Regulation 2021, s 38, Georges River Local Environmental Plan 2021, cll 4.3, 4.4, 4.4A, 6.1, 6.2, 6.3, 6.4, 6.5, 6.6, 6.9, 6.10, 6.12, State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.6, 6.7, 6.8, 6.9, 6.10, Ch 6, State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11, 2.12, 2.13, 4.6, Ch 2 State Environmental Planning Policy (Sustainable Buildings) 2022 State Environmental Planning Policy 2021, s 2.48 Category: Principal judgment Parties: Construction By Design (NSW) Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: M Staunton (Applicant) J King (Solicitor) (Respondent)