Smoljo v Georges River Council [2022] NSWLEC 1530

Smoljo v Georges River Council [2022] NSWLEC 1530

The amended development application for 46A Llewellyn Street, Oatley complies with the applicable planning controls and standards, addresses prior Council contentions including height, setbacks, landscaping, and stormwater drainage by providing for an easement, and is deemed permissible and acceptable upon registration of the deed; therefore, development consent is granted subject to conditions set out in Annexure 'A'.

Jurisdiction
Australia
Judgment Date
28 September 2022
Procedural Posture
Class 1 Appeal / Post Conciliation Conference Orders
Outcome
Class 1 appeal upheld conditional on filing of stormwater easement deed; development consent granted subject to conditions.
Legal Topics
['development Consent' 'dwelling House' 'easement Creation' 'stormwater Drainage' 'building Height' 'landscaping' 'environmental Planning']
['planning and Environment'] ['development Consent' 'dwelling House' 'easement Creation' 'stormwater Drainage' 'building Height' 'landscaping' 'environmental Planning']

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Procedural Posture

Class 1 Appeal / Post Conciliation Conference Orders

Legal Issues

  1. 1 ['Whether amended development application complies with relevant planning controls' 'Whether stormwater drainage issues are resolved through easement' 'Whether building height, setbacks, landscaping, and site suitability standards are satisfied' 'Whether the proposal is in the public interest' 'Whether jurisdictional prerequisites under the relevant legislation are met']

Ratio Decidendi

The amended development application for 46A Llewellyn Street, Oatley complies with the applicable planning controls and standards, addresses prior Council contentions including height, setbacks, landscaping, and stormwater drainage by providing for an easement, and is deemed permissible and acceptable upon registration of the deed; therefore, development consent is granted subject to conditions set out in Annexure 'A'.

Court Disposition

Class 1 appeal upheld conditional on filing of stormwater easement deed; development consent granted subject to conditions.

Orders

  • ['Applicant to file deed creating easement to drain water for 46A Llewellyn Street Oatley over 46 Llewellyn Street Oatley within 4 weeks.' 'Upon receipt of deed: Class 1 appeal upheld.' "Development consent granted to DA 2021/0437 for demolition and new two storey dwelling house, landscaping, and earthworks at 46A...