Shorefront Corp Pty Ltd v Georges River Council [2024] NSWLEC 1803

Land and Environment Court New South Wales

Medium Neutral Citation: Shorefront Corp Pty Ltd v Georges River Council [2024] NSWLEC 1803 Hearing dates: Conciliation conference on 21 November 2024 Date of orders: 13 December 2024 Decision date: 13 December 2024 Jurisdiction: Class 1 Before: Washington C Decision: The Court orders: (1) The appeal is upheld. (2) Development application DA2022/0614, as amended, for the construction a detached secondary dwelling at the rear of the existing principal dwelling on Lot 184 of DP 11098, known as 45 Kuroki Street ,Penshurst, is determined by the grant of development consent subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – construction of secondary 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, s 34AA Environmental Planning and Assessment Regulation 2021, ss 27, 38 Georges River Local Environmental Plan 2021, cll 4.3, 4.4, 4.4A, 5.4, 5.10, 5.21, 6.1, 6.2, 6.3, 6.9, 6.12 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 (Housing) 2021, Ch 3, Pt 1, ss 52, 53 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Texts Cited: Georges River Council Community Engagement Strategy 2018-2028 Category: Principal judgment Parties: Shorefront Corp Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: J Reid (Applicant) S Hainke (Solicitor) (Respondent)