Salhab v Georges River Council [2022] NSWLEC 1194

Salhab v Georges River Council [2022] NSWLEC 1194

The appeal was upheld and development consent granted because the parties reached agreement at the conciliation conference, and the Commissioner was satisfied under s 34(3) of the Land and Environment Court Act 1979 that the agreed decision was one the Court could make in the proper exercise of its functions, having regard to the applicable planning instruments, owner consent, notification, BASIX, contamination, coastal hazards, Georges River Catchment provisions, Ausgrid referral, zoning, lot size, height, floor space ratio, acid sulfate soils and earthworks matters.

Jurisdiction
Australia
Judgment Date
19 April 2022
Procedural Posture
Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No Da2020/0192 / Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979; Agreed Orders
Outcome
Appeal upheld; development consent granted subject to conditions in Annexure A.
Legal Topics
['development Application Appeal' 'demolition of Existing Dwelling and Structures' 'two Storey Attached Dual Occupancy' 'swimming Pools' 'amended Plans' 'conciliation Conference Agreement']
['planning and Environment Law' 'development Consent'] ['development Application Appeal' 'demolition of Existing Dwelling and Structures' 'two Storey Attached Dual Occupancy' 'swimming Pools' 'amended Plans' 'conciliation Conference Agreement']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No Da2020/0192 / Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979; Agreed Orders

Legal Issues

  1. 1 ['Whether the Court could grant development consent to the amended development application by consent following a conciliation conference.' 'Whether the decision agreed by the parties was one the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.' 'Whether applicable planning instruments and development standards prevented approval of the amended development application.']

Ratio Decidendi

The appeal was upheld and development consent granted because the parties reached agreement at the conciliation conference, and the Commissioner was satisfied under s 34(3) of the Land and Environment Court Act 1979 that the agreed decision was one the Court could make in the proper exercise of its functions, having regard to the applicable planning instruments, owner consent, notification, BASIX, contamination, coastal hazards, Georges River Catchment provisions, Ausgrid referral, zoning, lot size, height, floor space ratio, acid sulfate soils and earthworks matters.

Court Disposition

Appeal upheld; development consent granted subject to conditions in Annexure A.

Orders

  • ['The appeal is upheld.' 'Development consent is granted to development application number DA2020/0192 lodged with the Respondent on 7 May 2020 and subsequently amended as filed with the Court on 30 March 2022, seeking consent for the demolition of existing dwelling and structures, and the construction of a...