Choker v Georges River Council [2022] NSWLEC 1415

Choker v Georges River Council [2022] NSWLEC 1415

Consent was granted because the development proposal, although not strictly complying with the minimum lot size standard, satisfied the objectives of the standard and the zone, involved a minor non-compliance (7.1%), would not have material adverse impacts, was supported by sufficient environmental planning grounds, and was consistent with public interest. The requirements of clause 4.6 were met.

Parties
Applicant: Moussa Choker; Respondent: Georges River Council
Jurisdiction
Australia
Judgment Date
04 August 2022
Procedural Posture
Appeal Against Deemed Refusal of Development Application (class 1) / Final Judgment and Orders on Merits
Outcome
Appeal upheld; development application approved with conditions
Legal Topics
Development Application, Minimum Lot Size, Clause 4.6 Variation, Dual Occupancy, Foreshore Scenic Protection Area, Environmental Planning Grounds, Residential Density, Precedent
Planning and Environment Law Development Application Minimum Lot Size Clause 4.6 Variation Dual Occupancy Foreshore Scenic Protection Area Environmental Planning Grounds Residential Density +1 more

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Parties

Moussa Choker

Applicant

Georges River Council

Respondent

Procedural Posture

Appeal Against Deemed Refusal of Development Application (class 1) / Final Judgment and Orders on Merits

Legal Issues

  1. 1 Whether development consent should be granted for a dual occupancy on a site that does not comply with the minimum lot size under Hurstville Local Environmental Plan 2012 clause 4.1A
  2. 2 Whether sufficient environmental planning grounds exist to justify a variation of the development standard under clause 4.6 of Hurstville LEP 2012
  3. 3 Whether the proposal would have adverse environmental or amenity impacts, including in the Foreshore Scenic Protection Area

Ratio Decidendi

Consent was granted because the development proposal, although not strictly complying with the minimum lot size standard, satisfied the objectives of the standard and the zone, involved a minor non-compliance (7.1%), would not have material adverse impacts, was supported by sufficient environmental planning grounds, and was consistent with public interest. The requirements of clause 4.6 were met.

Court Disposition

Appeal upheld; development application approved with conditions

Orders

  • The applicant's written request for a clause 4.6 variation of the minimum lot size under Hurstville Local Environmental Plan 2012 is upheld.
  • The appeal is upheld.