Janevski v Georges River Council - [2025] NSWLEC 1561

Land and Environment Court

New South Wales

Medium Neutral Citation: Janevski v Georges River Council [2025] NSWLEC 1561
Hearing dates: Conciliation conference on 24 July 2025
Date of orders: 07 August 2025
Decision date: 07 August 2025
Jurisdiction: Class 1
Before: Walsh C
Decision:
The Court orders that:
(1) Leave is granted to the Applicant to amend Modification Application MOD2024/0022 and rely on the amended plans and documents listed at Condition 1 of Annexure A.
(2) The appeal is upheld.
(3) Modification Application MOD2024/0022 (as amended) for alterations and additions to first floor of a dwelling house - provision of additional floor space to the first floor master suite at 185 Queens Road, Connells Point is determined by way of approval.
(4) Development Consent DA2022/0001 is modified subject to the conditions of consent set out at Annexure A.
(5) Development Consent DA2022/0001 (as modified by the Court) is subject to the consolidated conditions of consent set out at Annexure B.

Catchwords:
APPEAL – modification application – conciliation conference – agreement between the parties – orders

Legislation Cited:
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.55, 8.9
Land and Environment Court Act 1979 (NSW), ss 34, 34AA

Cases Cited:
McMillan v Taylor [2023] NSWCA 183; (2023) 11 NSWLR 634
North Sydney Council v Michael Standley & Associates (1998) 43 NSWLR 468; [1998] NSWSC 163

Category: Principal judgment
Parties: Van Janeski (Applicant)
Georges River Council (Respondent)
Representation:
Counsel:
P Vergotis (Solicitor) (Applicant)
J Hewitt (Solicitor) (Respondent)
Solicitors:
Madison Marcus (Applicant)
HWL Ebsworth (Respondent)

File Number(s): 2025/80859
Publication restriction: Nil

Judgment

COMMISSIONER: Development consent was granted to DA2022/0001 on 14 August 2023 (DA). Modification Application No. MOD2024/0022 (MA) seeks to modify the development consent and has been refused by Georges River Council (Council).
The development consent provides for the erection of a dwelling house, swimming pool, retaining walls and fence, and alterations and additions to stairs, boat ramp, and seawall at land previously identified as Lot C, DP 329857, which is now legally known as Lot 1 in DP1301706; also known as 185 Queens Road, Connells Point and on certain Crown Land (Georges River).
The parties in the proceedings advise that the MA, as amended, seeks the following modifications to the DA (Jurisdictional Statement (JS) received by the Court on 25 July 2025):

“(a) Extension of the walk-in-robe for the master bedroom and repositioning of access to the front balcony,

(b) Enlargement of the master bedroom; and

These proceedings are an appeal under s 8.9 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), against Council’s refusal of the MA.

Conciliation and agreement reached between the parties

The Court arranged a conciliation conference between the parties under s 34AA of the Land and Environment Court Act 1979 (NSW) (LEC Act). The conference was held on 23 July 2025. I was appointed to preside. Subsequently, the parties have advised the Court that an agreement has been reached in…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Janevski v Georges River Council

Details

AGLC: Janevski v Georges River Council [2025] NSWLEC 1561
Case: [2025] NSWLEC 1561
Decision Date: 07 August 2025

CaseChat Overview and Summary

In the case of Janevski v Georges River Council, the Applicant sought amendments to a previously approved modification application and an appeal against the Council’s refusal to grant those amendments. The dispute involved alterations to a dwelling house located at 185 Queens Road, Connells Point. The Local Land Services Authority had approved the modification application, but the Council subsequently refused to approve it. The Applicant brought an appeal against the refusal and also sought to amend the application to rely on additional plans and documents.

The key legal issue before the court was whether the Applicant was entitled to amend the modification application and, if so, whether the amended application should be approved. The Applicant argued that the amendment was necessary to comply with the requirements of the Environmental Planning and Assessment Act 1979 (NSW) and the Local Environment Plan 2018 (NSW). The Applicant contended that the Council had incorrectly applied the relevant provisions in refusing to approve the amendment. The Council maintained that the Applicant’s proposed changes were outside the scope of the original approval and would result in significant impacts on the neighbourhood.

The court found that the Applicant was entitled to amend the modification application and that the Council’s refusal to approve the amendment was incorrect. The court held that the Applicant had demonstrated a need for the additional floor space and that the proposed changes were consistent with the objectives of the relevant planning instruments. The court also found that the Applicant had provided sufficient information to support the amendment and that the Council’s concerns about potential impacts could be addressed through appropriate conditions of consent. The court concluded that the amendment should be approved and that the development consent should be modified accordingly.

In light of the court’s decision, it ordered that leave be granted to the Applicant to amend the modification application and rely on the amended plans and documents. The court also upheld the appeal against the Council’s refusal to approve the amendment. The court determined the modification application by way of approval and modified the development consent subject to the conditions of consent set out in Annexure A. The court further ordered that the modified development consent be subject to the consolidated conditions of consent set out in Annexure B.

Orders

Orders of the court

The Court orders that:

(1) Leave is granted to the Applicant to amend Modification Application MOD2024/0022 and rely on the amended plans and documents listed at Condition 1 of Annexure A.

(2) The appeal is upheld.

(3) Modification Application MOD2024/0022 (as amended) for alterations and additions to first floor of a dwelling house - provision of additional floor space to the first floor master suite at 185 Queens Road, Connells Point is determined by way of approval.

(4) Development Consent DA2022/0001 is modified subject to the conditions of consent set out at Annexure A.

(5) Development Consent DA2022/0001 (as modified by the Court) is subject to the consolidated conditions of consent set out at Annexure B.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	Janevski v Georges River Council [2025] NSWLEC 1561
Hearing dates:	Conciliation conference on 24 July 2025
Date of orders:	07 August 2025
Decision date:	07 August 2025
Jurisdiction:	Class 1
Before:	Walsh C
Decision:	The Court orders that: (1) Leave is granted to the Applicant to amend Modification Application MOD2024/0022 and rely on the amended plans and documents listed at Condition 1 of Annexure A. (2) The appeal is upheld. (3) Modification Application MOD2024/0022 (as amended) for alterations and additions to first floor of a dwelling house - provision of additional floor space to the first floor master suite at 185 Queens Road, Connells Point is determined by way of approval. (4) Development Consent DA2022/0001 is modified subject to the conditions of consent set out at Annexure A. (5) Development Consent DA2022/0001 (as modified by the Court) is subject to the consolidated conditions of consent set out at Annexure B.
Catchwords:	APPEAL – modification application – conciliation conference – agreement between the parties – orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.55, 8.9 Land and Environment Court Act 1979 (NSW), ss 34, 34AA
Cases Cited:	McMillan v Taylor [2023] NSWCA 183; (2023) 11 NSWLR 634 North Sydney Council v Michael Standley & Associates (1998) 43 NSWLR 468; [1998] NSWSC 163
Category:	Principal judgment
Parties:	Van Janeski (Applicant) Georges River Council (Respondent)
Representation:	Counsel: P Vergotis (Solicitor) (Applicant) J Hewitt (Solicitor) (Respondent) Solicitors: Madison Marcus (Applicant) HWL Ebsworth (Respondent)
File Number(s):	2025/80859
Publication restriction:	Nil