Sim v Georges River Council [2024] NSWLEC 1582

Sim v Georges River Council [2024] NSWLEC 1582

The consent is granted as the clause 4.6 written request justifies the variation of the minimum lot size; the development satisfies the objectives of the relevant zone and planning instrument, does not create unacceptable adverse impacts, and is agreed to by the parties. The Court is empowered to make such orders, and the jurisdictional requirements have been satisfied.

Parties
Applicant: Philip Geoffrey Sim; Respondent: Georges River Council
Jurisdiction
Australia
Judgment Date
20 September 2024
Procedural Posture
Class 1 Development Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted, subject to conditions.
Legal Topics
Development Applications, Minimum Lot Size Variation, Local Environmental Plans, Clauses 4.6 Variations, Design Excellence, Subdivision, Conciliation Conference
Planning and Environment Law Development Applications Minimum Lot Size Variation Local Environmental Plans Clauses 4.6 Variations Design Excellence Subdivision Conciliation Conference

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Parties

Philip Geoffrey Sim

Applicant

Georges River Council

Respondent

Procedural Posture

Class 1 Development Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for a two-storey dual occupancy and subdivision at 1 Moons Avenue, Lugarno contrary to the minimum lot size requirement in clause 4.1B of the Georges River Local Environmental Plan 2021, having regard to a clause 4.6 written request
  2. 2 Whether the proposed development is consistent with relevant planning objectives and environmental planning instruments
  3. 3 Whether necessary jurisdictional requirements for granting consent have been satisfied

Ratio Decidendi

The consent is granted as the clause 4.6 written request justifies the variation of the minimum lot size; the development satisfies the objectives of the relevant zone and planning instrument, does not create unacceptable adverse impacts, and is agreed to by the parties. The Court is empowered to make such orders, and the jurisdictional requirements have been satisfied.

Court Disposition

Appeal upheld; development consent granted, subject to conditions.

Orders

  • The appeal is upheld.
  • Development consent is granted to Development Application No DA2023/0026, as amended, for demolition of existing structures and the construction of an attached two-storey dual occupancy, swimming pools, landscaping, site works and Torrens title subdivision at Lot 1 DP 1306530, 1 Moons Avenue, Lugarno NSW, subject to...