Janevski v Georges River Council [2024] NSWLEC 1361

Janevski v Georges River Council [2024] NSWLEC 1361

The appeal is upheld and development consent granted because the parties' agreement resolves all merit issues, the proposal complies with statutory and local development standards, jurisdictional prerequisites for consent are satisfied, and the Court is required to make orders in accordance with the agreement under s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: Van Janevski; Respondent: Georges River Council
Jurisdiction
Australia
Judgment Date
28 June 2024
Procedural Posture
Development Appeal / Conciliation Conference and Orders
Outcome
Appeal upheld; development consent granted
Legal Topics
Development Appeals, Residential Development, Conciliation Conference, Conditions of Consent
Planning and Environment Development Appeals Residential Development Conciliation Conference Conditions of Consent

Case Brief

Summary, issues, holding and outcome

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Parties

Van Janevski

Applicant

Georges River Council

Respondent

Procedural Posture

Development Appeal / Conciliation Conference and Orders

Legal Issues

  1. 1 Whether the amended development application resolves merit contentions regarding bulk and scale, vehicular access, landscaping, earthworks, and objector concerns
  2. 2 Compliance with relevant development standards (height, floor space ratio, landscaping)
  3. 3 Satisfaction of jurisdictional prerequisites for development consent

Ratio Decidendi

The appeal is upheld and development consent granted because the parties' agreement resolves all merit issues, the proposal complies with statutory and local development standards, jurisdictional prerequisites for consent are satisfied, and the Court is required to make orders in accordance with the agreement under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted

Orders

  • The appeal is upheld.
  • Development consent is granted to Development Application No DA2022/0186, as amended, for demolition and construction of two two-storey attached dwellings, landscaping and site works on Lots 132 and 133 Section 4 in DP 3181 at 12 Broughton Street, Mortdale NSW 2223, subject to conditions of consent in Annexure A.