Green v Georges River Council [2023] NSWLEC 1483

Green v Georges River Council [2023] NSWLEC 1483

The Court was satisfied that granting consent to the amended development application was a decision it could make because owner consent and Council landowner consent had been provided, public submissions had been considered, the Rural Fire Service had issued a Bushfire Safety Authority, contamination and Georges River Catchment matters had been addressed, subdivision was permissible with consent in the R2 Low Density Residential zone, minimum lot size and other relevant Kogarah Local Environmental Plan 2012 controls were satisfied or did not require further plans, and no jurisdictional impediment was identified. The appeal was therefore upheld and consent granted subject to conditions.

Jurisdiction
Australia
Judgment Date
25 August 2023
Procedural Posture
Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application Da2020/0460 / Conciliation Conference Under S 34 Aa(2) of the Land and Environment Court Act 1979; Agreement Reached and Orders Made
Outcome
Appeal upheld; development application 2020/0460 granted consent subject to conditions.
Legal Topics
['appeal Against Refusal of Development Application' 'boundary Adjustment by Re Subdivision' 'conciliation Conference' 'amended Plans and Documents' 'integrated Development and Bushfire Approval' 'contamination Assessment' 'georges River Catchment' 'local Environmental Plan Controls']
['planning and Environment' 'development Consent' 'subdivision'] ['appeal Against Refusal of Development Application' 'boundary Adjustment by Re Subdivision' 'conciliation Conference' 'amended Plans and Documents' 'integrated Development and Bushfire Approval' 'contamination Assessment' 'georges River Catchment' 'local Environmental Plan Controls']

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Procedural Posture

Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application Da2020/0460 / Conciliation Conference Under S 34 Aa(2) of the Land and Environment Court Act 1979; Agreement Reached and Orders Made

Legal Issues

  1. 1 ['Whether the agreed grant of consent to the amended development application was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.' 'Whether relevant planning controls and statutory requirements had been addressed for the proposed boundary adjustment and ancillary stormwater infrastructure and driveway works.']

Ratio Decidendi

The Court was satisfied that granting consent to the amended development application was a decision it could make because owner consent and Council landowner consent had been provided, public submissions had been considered, the Rural Fire Service had issued a Bushfire Safety Authority, contamination and Georges River Catchment matters had been addressed, subdivision was permissible with consent in the R2 Low Density Residential zone, minimum lot size and other relevant Kogarah Local Environmental Plan 2012 controls were satisfied or did not require further plans, and no jurisdictional impediment was identified. The appeal was therefore upheld and consent granted subject to conditions.

Court Disposition

Appeal upheld; development application 2020/0460 granted consent subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development application 2020/0460 for a boundary adjustment by the re-subdivision of the existing two lots of land being Lots 1 and 2 in Deposited Plan 506903 and known as 2A Woodlands Avenue, Lugarno, and ancillary stormwater infrastructure and driveway works, is determined by the grant of...