Raftopoulos & anor v Georges River Council [2016] NSWLEC 1455

Land and Environment Court New South Wales

Medium Neutral Citation: Raftopoulos & anor v Georges River Council [2016] NSWLEC 1455 Hearing dates: 12-13 September 2016 Date of orders: 30 September 2016 Decision date: 23 September 2016 Jurisdiction: Class 1 Before: Fakes C Decision: Appeal upheld see [94] Catchwords: DEVELOPMENT APPLICATION: Subdivision; construction of a dwelling; site suitability; impact on neighbouring properties Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Roads Act 1993 Kogarah Local Environmental Plan 2012 Standard Instrument – Principal Local Environmental Plan Lane Cove Local Environmental Plan 2009 Cases Cited: BGP Properties Pty Ltd v Lake Macquarie Council [2004] NSWLEC 399 Micaul Holdings Pty Limited v Randwick City Council [2015] NSWLEC 1386 Category: Principal judgment Parties: Jim and Harriet Raftopoulos (Applicants) Georges River Council (Respondent) Representation: Applicants: Mr M Staunton (Barrister) Respondent: Mr S Griffiths (Solicitor)

Solicitors: Applicants: Jaku Legal Respondent: Pikes & Verekers Lawyers File Number(s): 163044 of 2016

Judgment 1. COMMISSIONER: The applicants appeal the refusal by the former Kogarah Council, now Georges River Council, of Development Application No.172/2015 for the subdivision of one lot into two and the erection of a new dwelling on the newly created rear lot. 2. The appeal is made pursuant to s 97(1) of the Environmental Planning and Assessment Act, 1979 (EPA Act). 3. The matter commenced on site as a mandatory conciliation under s 34AA of the Land and Environment Court Act 1979 (Court Act). As there was no agreement between the parties, the matter proceeded immediately to a hearing on the basis of what had been discussed during the conciliation.