Khouri Petroleum Pty Ltd v Georges River Council [2024] NSWLEC 1759

Khouri Petroleum Pty Ltd v Georges River Council [2024] NSWLEC 1759

The parties agreed to terms for development consent, and the court was satisfied that all jurisdictional prerequisites for granting consent were met, so the appeal was upheld and consent granted subject to conditions.

Parties
Applicant: Khouri Petroleum Pty Ltd; Applicant: VE & AM Khouri Pty Ltd; Respondent: Georges River Council
Jurisdiction
Australia
Judgment Date
26 November 2024
Procedural Posture
Class 1 Proceedings (appeal) / Post Conciliation Conference; Final Orders
Outcome
Appeal upheld. Development application granted subject to conditions. Costs order against applicant.
Legal Topics
Development Application, Service Station, Conciliation Conference, Consent Orders, Zoning, Building Height, Floor Space Ratio, Hazard Assessment, Contamination, Traffic Impact, Signage
Environmental Law Planning Law Development Application Service Station Conciliation Conference Consent Orders Zoning Building Height +5 more

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Parties

Khouri Petroleum Pty Ltd

Applicant

VE & AM Khouri Pty Ltd

Applicant

Georges River Council

Respondent

Procedural Posture

Class 1 Proceedings (appeal) / Post Conciliation Conference; Final Orders

Legal Issues

  1. 1 Whether development consent should be granted for amendments and additions to a service station at 294 Princes Highway, Carss Park
  2. 2 Whether the jurisdictional prerequisites for consent are satisfied under the relevant planning instruments and statutes

Ratio Decidendi

The parties agreed to terms for development consent, and the court was satisfied that all jurisdictional prerequisites for granting consent were met, so the appeal was upheld and consent granted subject to conditions.

Court Disposition

Appeal upheld. Development application granted subject to conditions. Costs order against applicant.

Orders

  • Applicant to pay respondent's costs thrown away ($10,000) within 28 days.
  • Appeal upheld.