Khouri Petroleum Pty Ltd v Georges River Council [2024] NSWLEC 1759

Land and Environment Court New South Wales

Medium Neutral Citation: Khouri Petroleum Pty Ltd v Georges River Council [2024] NSWLEC 1759 Hearing dates: Conciliation conference on 23 September 2024 Date of orders: 26 November 2024 Decision date: 26 November 2024 Jurisdiction: Class 1 Before: Washington C Decision: The Court orders: (1) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act the Applicant is ordered to pay the Respondent's costs thrown away in the amount of $10,000 within 28 days of these orders. (2) The appeal is upheld. (3) Development Application No. DA2023/0177 as amended, for alterations and additions to a service station at 294 Princes Highway, Carss Park is determined by the grant of development consent subject to the conditions of consent in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – service station – classified road – agreement between the parties – orders Legislation Cited: Land and Environment Court Act 1979 s34 Environmental Planning and Assessment Act 1979 s 8.7, 8.15 Environmental Planning and Assessment Regulation 2021 s 38 Georges River Local Environmental Plan 2021 cll 2.7, 4.3, 4.4, 6.1, 6.2, 6.9, 6.13 State Environmental Planning Policy (Biodiversity and Conservation) 2021 Ch 6 ss 6.6, 6.7, 6.8, 6.9, 6.10 State Environmental Planning Policy (Industry and Employment) 2021 Ch 3 s 3.1(1)(a), Sch 5 State Environmental Planning Policy (Resilience and Hazards) 2021 Ch 3 ss 3.2, 3.11, 3.12, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021 s 2.119 Category: Principal judgment Parties: Khouri Petroleum Pty Ltd (First Applicant) VE & AM Khouri Pty Ltd (First Applicant) Georges River Council (Respondent) Representation: Counsel: C Koikas (Applicants) J Hewitt (Solicitor) (Respondent)