Gemaveld Pty Limited v Georges River Council

Land and Environment Court

New South Wales

Medium Neutral Citation:

Gemaveld Pty Limited v Georges River Council [2022] NSWLEC 1182

Hearing dates:

Conciliation conference on 18 February 2022, 14 March 2022 and 28 March 2022

Date of orders:

07 April 2022

Decision date:

07 April 2022

Jurisdiction:

Class 1

Before:

Horton C

Decision:

The Court orders that:

(1) The appeal is upheld.

(2) Development Application No DA 2020/0247, as amended, for demolition works, construction of a multi level dwelling house, swimming pool, front fence, landscaping and site works on Lot B DP 33563 known as 117 Stuart Street Blakehurst, is determined by the grant of consent, subject to conditions set out in Annexure ‘B’.

Catchwords:

DEVELOPMENT APPLICATION – dwelling house in R2 Low Density Residential zone – conciliation conference – agreement between parties – orders

Legislation Cited:

Environmental Planning and Assessment Act 1979, ss 4.16, 8.7

Environmental Planning and Assessment Regulation 2000, cl 55

Georges River Local Environmental Plan 2021, cl 1.8A

Kogarah Local Environmental Plan 2012, cll 4.3, 5.21, 6.1, 6.2,

Land and Environment Court Act 1979, s 34

State Environmental Planning Policy (Resilience & Hazards) 2021, cll 2.4, 2.12, 2.13

State Environmental Planning Policy (Biodiversity and Conservation) 2021, cll 11.6, 11.7

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

Category:

Principal judgment

Parties:

Gemaveld Pty Limited (Applicant)
Georges River Council (Respondent)

Representation:

Counsel:
S Berveling (Applicant)
R O’Gorman-Hughes (Respondent)

Solicitors:
Salim Rutherford Lawyers (Applicant)
Georges River Council (Respondent)

File Number(s):

2021/293258

Publication restriction:

No

Judgment

1. COMMISSIONER: This Class 1 Appeal is brought under s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) following the refusal by the Georges River Local Planning Panel on behalf of Georges River Council (the Respondent) of Development Application DA2020/0247 seeking consent for demolition works, tree removal, and construction of a multi-level dwelling house, swimming pool, front fence, landscaping and site works at 117 Stuart Street, Blakehurst (the site).

2. On 18 February 2022, the Court arranged a conciliation conference between the parties in accordance with s 34(1) of the Land and Environment Court Act 1979 (LEC Act), at which I presided.

3. At the conciliation conference, the parties reached in-principle agreement on the matters in contention, subject to the resolution of certain issues which the parties’ advised me were capable of resolution. I adjourned the conference to allow the parties to continue to resolve those matters.

4. On 14 and 28 March 2022, I further adjourned the conciliation conference to permit the parties to finalise the terms of the agreement that was filed with the Court on 29 March 2022, in accordance with s 34(10) of the LEC Act. This decision involved the Court upholding the appeal and granting conditional development consent to the development application.

5. The parties ask me to approve their decision as set out in the s 34 agreement before the Court. In general terms, the agreement approves the development subject to amended plans that were prepared by the Applicant, and noting that the final detail of the works…