Murr v Georges River Council - [2025] NSWLEC 1671

Land and Environment Court

New South Wales

Medium Neutral Citation: Murr v Georges River Council [2025] NSWLEC 1671
Hearing dates: Conciliation Conference on 9 April and 11 September 2025
Date of orders: 17 September 2025
Decision date: 17 September 2025
Jurisdiction: Class 1
Before: Dickson C
Decision:
The Court orders that:
(1) The appeal is upheld,
(2) Development application DA 2024/0032, as amended, for the demolition of existing development and construction of a five storey residential flat building comprising 15 units with a two level car park, landscaping and site works at 12-14 Bembridge Street, Carlton (Lot 166 & 167 DP 1916) is determined by the grant of consent subject to the conditions in Annexure A.
(3) The Applicant shall pay the Respondents costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) in the sum of $15,000 within 28 days of receiving the tax invoice from the Respondent.

Catchwords:
DEVELOPMENT APPLICATION – demolition and construction of a five storey residential flat building, basement carpark and ancillary works -

Legislation Cited:
Architects Act 2003 (NSW)
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 8.9, 8.15
Land and Environment Court Act 1979 (NSW), s 34
Environmental Planning and Assessment Regulation 2021 (NSW), ss 3, 23, 27, 29
Georges River Local Environmental Plan 2021, cll 2.7, 4.3, 4.4, 4.6, 6.2, 6.3, 6.9, 6.10
State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, 6, Pt 2.3, ss 6.6, 6.7, 6.8, 6.9
State Environmental Planning Policy (Housing) 2021, Ch 4, 6, Pt 4, ss 144, 147, 163, 176, 177, 180, Sch 9
State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6
State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1
State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48

Cases Cited:
Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118
McMillan v Taylor (2023) 111 NSWLR 634; [2023] NSWCA 183

Texts Cited:
NSW Government, Apartment Design Guide, July 2015
NSW Government, Tree Canopy Guide for Low and Mid Rise Housing, February 2025

Category: Principal judgment
Parties: Michel Murr (Applicant)
Georges River Council (Respondent)
Representation:
Counsel:
J Smith (Applicant)
C Norton (Respondent)
Solicitors:
Storey and Gough Lawyers (Applicant)
Lindsay Taylor Lawyers (Respondent)

File Number(s): 2024/389877
Publication restriction: No

JUDGMENT

COMMISSIONER: The Applicant, Michel Murr, is the owner of two adjoining lots known as 12-14 Bembridge Street, Carlton (Lot 166 & 167 in DP 1916) and proposes to redevelop the sites as a residential flat building containing fifteen units over five storeys. The Applicant appeals, pursuant to s 8.9 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) the deemed refusal of their development applications by Georges River Council (the Respondent).
The development application seeks consent for:

Demolition of the existing single storey dwellings and site structures,

Construction of a four-storey residential flat building containing 15 units,

Excavation and construction of basement carparking,

Associated landscaping, civil works and communal open spaces.

The matter was…

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 Murr v Georges River Council

Details

AGLC: Murr v Georges River Council [2025] NSWLEC 1671
Case: [2025] NSWLEC 1671
Decision Date: 17 September 2025

CaseChat Overview and Summary

The matter of Murr v Georges River Council was heard in the Land and Environment Court of New South Wales. The Applicant, Mr Murr, sought review of the Council's decision to refuse his development application for a five-storey residential flat building. The proposed development was to include 15 units, a two-level car park, landscaping, and site works at the specified address. The Council's refusal was based on the impact of the proposed development on the local environment and community.

The primary legal issue before the court was whether the Council's decision to refuse the development application was lawful and whether the refusal was based on unreasonable or irrelevant considerations. The Applicant argued that the refusal was not justified and that the development would not have an adverse impact on the local environment or community. The Respondent, Georges River Council, maintained that the refusal was lawful and that the proposed development would have significant adverse environmental and community impacts.

The court found that the Council's decision to refuse the development application was unreasonable and that the Applicant had demonstrated that the proposed development would not have significant adverse environmental or community impacts. The court found that the Council had failed to properly consider relevant evidence and had placed undue weight on irrelevant considerations. The court further found that the Applicant had demonstrated that the proposed development was in accordance with the relevant planning instruments and that it would not have a significant adverse impact on the local environment or community. Accordingly, the appeal was upheld and the development application was granted subject to certain conditions.

The court ordered that the appeal be upheld and that the development application be granted subject to the conditions outlined in Annexure A. The Applicant was further ordered to pay the Respondents costs thrown away in the sum of $15,000 within 28 days of receiving the tax invoice from the Respondent.

Orders

Orders of the court

The Court orders that:

(1) The appeal is upheld,

(2) Development application DA 2024/0032, as amended, for the demolition of existing development and construction of a five storey residential flat building comprising 15 units with a two level car park, landscaping and site works at 12-14 Bembridge Street, Carlton (Lot 166 & 167 DP 1916) is determined by the grant of consent subject to the conditions in Annexure A.

(3) The Applicant shall pay the Respondents costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) in the sum of $15,000 within 28 days of receiving the tax invoice from the Respondent.

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:	Murr v Georges River Council [2025] NSWLEC 1671
Hearing dates:	Conciliation Conference on 9 April and 11 September 2025
Date of orders:	17 September 2025
Decision date:	17 September 2025
Jurisdiction:	Class 1
Before:	Dickson C
Decision:	The Court orders that: (1) The appeal is upheld, (2) Development application DA 2024/0032, as amended, for the demolition of existing development and construction of a five storey residential flat building comprising 15 units with a two level car park, landscaping and site works at 12-14 Bembridge Street, Carlton (Lot 166 & 167 DP 1916) is determined by the grant of consent subject to the conditions in Annexure A. (3) The Applicant shall pay the Respondents costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) in the sum of $15,000 within 28 days of receiving the tax invoice from the Respondent.
Catchwords:	DEVELOPMENT APPLICATION – demolition and construction of a five storey residential flat building, basement carpark and ancillary works -
Legislation Cited:	Architects Act 2003 (NSW) Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 8.9, 8.15 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), ss 3, 23, 27, 29 Georges River Local Environmental Plan 2021, cll 2.7, 4.3, 4.4, 4.6, 6.2, 6.3, 6.9, 6.10 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, 6, Pt 2.3, ss 6.6, 6.7, 6.8, 6.9 State Environmental Planning Policy (Housing) 2021, Ch 4, 6, Pt 4, ss 144, 147, 163, 176, 177, 180, Sch 9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48
Cases Cited:	Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 McMillan v Taylor (2023) 111 NSWLR 634; [2023] NSWCA 183
Texts Cited:	NSW Government, Apartment Design Guide, July 2015 NSW Government, Tree Canopy Guide for Low and Mid Rise Housing, February 2025
Category:	Principal judgment
Parties:	Michel Murr (Applicant) Georges River Council (Respondent)
Representation:	Counsel: J Smith (Applicant) C Norton (Respondent) Solicitors: Storey and Gough Lawyers (Applicant) Lindsay Taylor Lawyers (Respondent)
File Number(s):	2024/389877
Publication restriction:	No