Jamisa Architects Pty Ltd v Georges River Council [2025] NSWLEC 1117

Land and Environment Court New South Wales

Medium Neutral Citation: Jamisa Architects Pty Ltd v Georges River Council [2025] NSWLEC 1117 Hearing dates: Conciliation Conference 13, 14 February 2025 Date of orders: 28 February 2025 Decision date: 28 February 2025 Jurisdiction: Class 1 Before: Targett C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application No DA 2023/0458 (as amended) for the demolition of the existing structures on Lot 15 in Deposited Plan 13518 known as 3 Oberon Street, Blakehurst (Lot 15), a boundary adjustment between Lot 14 in Deposited Plan 13518, known as 5 Oberon Street, Blakehurst, and Lot 15, and the construction of a new two storey dwelling together with a detached secondary dwelling, swimming pool, fencing, landscaping and various site works at Lot 15, subject to the conditions set out in Annexure A. Catchwords: APPEAL – Residential development application - conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.10, 8.15 Land and Environment Court Act 1979, ss 17, 34, 34AA Environmental Planning and Assessment Regulation 2021 s 38 Georges River Local Environmental Plan 2021, cll 4.1, 4.3, 4.4, 5.4, 6.1, 6.2, 6.9 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, ss 4.1, 4.2 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.66 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Category: Principal judgment Parties: Jamisa Architects Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: A Perkins (Solicitor) (Applicant) S Wilson (Solicitor) (Respondent)