Antoniou v Georges River Council [2019] NSWLEC 1624

Land and Environment Court New South Wales

Medium Neutral Citation: Antoniou v Georges River Council [2019] NSWLEC 1624 Hearing dates: 26 November 2019 Date of orders: 19 December 2019 Decision date: 19 December 2019 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The appeal is dismissed. (2) Modification Application 2019/104 relating to changes in height and length of a privacy screen, described in the Development Application relating to Lot 58 DP 7972, also known as 38 Queens Road, Connells Point is refused. (3) The exhibits, except for Exhibits A, B, E and 1 are returned. Catchwords: MODIFICATION APPLICATION – privacy screen –bulk and scale – view loss – consistency with character – visual amenity Legislation Cited: Environmental Planning and Assessment Act 1979 Kogarah Local Environmental Plan 2012 Land and Environment Court Act 1979 Texts Cited: Kogarah Development Control Plan Category: Principal judgment Parties: George Antoniou (Applicant) Georges River Council (Respondent) Representation: Counsel:

G Antoniou (Self-Represented) (Applicant) S Wilson (Solicitor) (Respondent)

Solicitors: Georges River Council (Respondent) File Number(s): 2019/239412 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal against refusal of Modification Application (MA) 2019/104 by Georges River Council (hereafter the Council) for changes in height and length of a privacy screen, described in the Development Application relating to Lot 58 DP 7972, also known as 38 Queens Road, Connells Point (hereafter the site).