Saia v Georges River Council [2024] NSWLEC 1584

Saia v Georges River Council [2024] NSWLEC 1584

The appeal is upheld and development consent is granted because all jurisdictional prerequisites under the Georges River Local Environmental Plan 2021, State Environmental Planning Policies, and relevant regulations are satisfied, the site complies with height, floor space ratio, landscaping and stormwater management standards, there is no adverse environmental or visual impact, owners consent for works on Council land is properly granted, and the parties reached a lawful agreement in conciliation conference.

Parties
First Applicant: Franco Saia; Second Applicant: Poppy Yellow Saia; Respondent: Georges River Council
Jurisdiction
Australia
Judgment Date
26 September 2024
Procedural Posture
Development Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development consent granted; owners consent granted.
Legal Topics
Development Consent, Residential Development, Foreshore Scenic Protection, Stormwater Management, Landscaping, Agreement Between Parties
Planning and Environment Law Development Consent Residential Development Foreshore Scenic Protection Stormwater Management Landscaping Agreement Between Parties

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Parties

Franco Saia

First Applicant

Poppy Yellow Saia

Second Applicant

Georges River Council

Respondent

Procedural Posture

Development Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether jurisdictional prerequisites for development consent are satisfied
  2. 2 Whether owners consent for works on Council land should be granted
  3. 3 Compliance with height, floor space ratio, landscaping, stormwater, and foreshore protection standards

Ratio Decidendi

The appeal is upheld and development consent is granted because all jurisdictional prerequisites under the Georges River Local Environmental Plan 2021, State Environmental Planning Policies, and relevant regulations are satisfied, the site complies with height, floor space ratio, landscaping and stormwater management standards, there is no adverse environmental or visual impact, owners consent for works on Council land is properly granted, and the parties reached a lawful agreement in conciliation conference.

Court Disposition

Appeal upheld; development consent granted; owners consent granted.

Orders

  • Owners Consent of the Council is granted to DA2023/0430.
  • The appeal is upheld.