Masri v Georges River Council

[2019] NSWLEC 1165

Land and Environment Court

New South Wales

Medium Neutral Citation:	Masri v Georges River Council [2019] NSWLEC 1165
Hearing dates:	11 April 2019
Date of orders:	11 April 2019
Decision date:	11 April 2019
Jurisdiction:	Class 1
Before:	O’Neill C
Decision:	See [6] below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties.
Legislation Cited:	Environmental Planning and Assessment Act 1979 Greater Metropolitan Regional Environmental Plan No 2—Georges River Catchment Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Zeina Masri (Applicant) Georges River Council (Respondent)
Representation:	Counsel: M Staunton (Applicant)   Solicitors: Mills Oakley (Applicant) A Berry, Georges River Council (Respondent)
File Number(s):	2018/281447
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. 2017/0662 for the demolition of the existing structures and construction of a new two storey dwelling with basement parking, front fence, swimming pool and cabana (the proposal) at 10 Renn Street, Kogarah Bay (the site) by Georges River Council (the Council).

2. The Court arranged a conciliation conference under s 34AA(2)(a) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which has been held on 11 April 2019. I presided over the conciliation conference.

3. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. Their agreement was based on amendments made to the proposal including the treatment of the basement garage and ramp, the height of the front fence and a small reduction in the building envelope at the rear of the upper storey.

4. Under s 34(3)(a) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ decision, if the parties’ decision is a decision that the Court could have made in the proper exercise of its functions.

5. The parties’ decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the development application. I accept the submission of the parties that the terms of the consent are consistent with the relevant planning principles in Part 2 of the Greater Metropolitan Regional Environmental Plan No 2—Georges River Catchment, pursuant to cl 7(b).

Orders

6. The orders of the Court are:

1. The applicant is granted leave to amend the application by relying on the amended documentation listed at condition 1 of the conditions of consent at Annexure A.

2. The appeal is upheld.

3. Development Application No. DA/2017/0662 for the demolition of the existing structures and construction of a new two storey dwelling with basement parking, front fence, swimming pool and cabana at 10 Renn Street, Kogarah Bay, is approved, subject to the conditions of consent at Annexure A.

____________

Susan O’Neill

Commissioner of the Court

Annexure A (426 KB, pdf)

Plans (14.6 MB, pdf)

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Decision last updated: 12 April 2019