Smoljo v Georges River Council (No 2)

[2022] NSWLEC 1635

Land and Environment Court

New South Wales

Medium Neutral Citation:

Smoljo v Georges River Council (No 2) [2022] NSWLEC 1635

Hearing dates:

Conciliation conference held on 23 September 2022

Date of orders:

15 November 2022

Decision date:

15 November 2022

Jurisdiction:

Class 1

Before:

Morris AC

Decision:

The Court orders:

(1) The appeal is upheld.

(2) Development consent is granted to Development Application No. DA 2021/0437 for the demolition of an existing dwelling and the construction of a new two storey dwelling house, landscaping and earthworks on land known as 46A Llewellyn Street, Oatley subject to the conditions set out in Annexure ‘A’.

Catchwords:

Conciliation conference – agreement between the parties – dwelling house

Legislation Cited:

Land and Environment Court Act 1979 s34

Cases Cited:

Smoljo v Georges River Council [2022] NSWLEC 1530

Category:

Principal judgment

Parties:

Lovro Smoljo (Applicant)
Georges River Council (Respondent)

Representation:

Counsel:
R O’Gorman-Hughes (Applicant)
R Sims (Solicitor) (Respondent)

Solicitors:
Conomos Legal (Applicant)
HWL Ebsworth (Respondent)

File Number(s):

2022/184295

Publication restriction:

Nil

Judgment

1. In accordance with the Orders of my judgment delivered on 28 September 2022, see Smoljo v Georges River Council [2022] NSWLEC 1530, the parties have provided me with an executed copy of the Deed which was filed with the Court on 1 November 2022.

2. By Notice of Motion filed on 24 October 2022, the applicant sought amendment to the time frame in which the Deed was to be filed. That motion was heard on 7 November 2022 and Orders made extending the period in which the agreement is to be filed to 9 November 2022 in accordance with the agreed position of the parties.

3. Accordingly, final Orders in the matter can now be issued in accordance with the s34 agreement filed with the Court on 11 November 2022.

4. As I am satisfied the agreement is one that can be legally made and all necessary jurisdictional tests have been met, I make the following Orders:

Orders

5. The Court orders:

1. The appeal is upheld

2. Development consent is granted to Development Application No. DA 2021/0437 for the demolition of an existing dwelling and the construction of a new two storey dwelling house, landscaping and earthworks on land known as 46A Llewellyn Street, Oatley subject to the conditions set out in Annexure ‘A’.

………………………

S Morris

Acting Commissioner of the Court
Annexure A (296120, pdf)

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Decision last updated: 15 November 2022