Bishay v Georges River Council [2024] NSWLEC 1014

Bishay v Georges River Council [2024] NSWLEC 1014

The parties reached agreement in a conciliation conference that the amended development application satisfied the requirements of the relevant planning instruments, and the Court was satisfied on that basis, including justification for variation to minimum lot size under cl 4.6 of Georges River LEP 2021. Therefore, the appeal was upheld and consent was granted subject to agreed conditions.

Parties
First Applicant: Reda Bishay; Second Applicant: Hany Maher Gayed Ibrahim; Third Applicant: Shereen Ibrahim; Respondent: Georges River Council
Jurisdiction
Australia
Judgment Date
23 January 2024
Procedural Posture
Class 1 Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; consent granted subject to conditions
Legal Topics
Development Application, Dual Occupancy, Subdivision, Conciliation Process, Variation of Development Standards
Planning and Environment Development Application Dual Occupancy Subdivision Conciliation Process Variation of Development Standards

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 3 Authorities cited 8 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Reda Bishay

First Applicant

Hany Maher Gayed Ibrahim

Second Applicant

Shereen Ibrahim

Third Applicant

Georges River Council

Respondent

Procedural Posture

Class 1 Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether consent should be granted to the amended development application for demolition and construction of an attached two storey dual occupancy with subdivision, landscaping and associated works;
  2. 2 Whether requirements for variation to development standard under cl 4.6 of Georges River LEP 2021 are satisfied

Ratio Decidendi

The parties reached agreement in a conciliation conference that the amended development application satisfied the requirements of the relevant planning instruments, and the Court was satisfied on that basis, including justification for variation to minimum lot size under cl 4.6 of Georges River LEP 2021. Therefore, the appeal was upheld and consent was granted subject to agreed conditions.

Court Disposition

Appeal upheld; consent granted subject to conditions

Orders

  • The appeal is upheld.
  • Development Application No DA2022/0402 is determined by a grant of consent for demolition and construction of an attached two (2) storey dual occupancy, with Torrens title subdivision, landscaping and associated site works at 17 Munmurra Road, Riverwood, subject to conditions contained in Annexure 'A'.