Australia, June 7 -- New South Wales Land and Environment Court issued text of the following judgement on May 6:

1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No2023/0585 for the demolition of the existing dwelling, and the construction of a new two storey dwelling with basement carpark, inground swimming pool and associated landscaping and fencing (the proposal), at 42 Townson Street Blakehurst (the site), by Georges River Council (the Council).

2. The Court arranged a conciliation conference under s 34AA of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 15 April 2025. I presided over the conciliation conference. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision if the parties' decision is a decision that the Court could have made in the proper exercise of its functions.

3. The parties' decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the development application. There are preconditions to the exercise of power to grant development consent for the proposal.

Amended application

4. The Council, as the consent authority, consented to the amendment of the application pursuant to s 38(1) of the Environmental Planning and Assessment Regulation 2021. The plans and documents comprising the amended application as follows:

Table omitted, can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196665784b6178866fa873fd)

Pre-conditions to the grant of consent

5. I accept the Council's assessment that the site is suitable for the development, having been historically used for a residential purpose, and that the matters under s 4.6 of the State Environmental Planning Policy (Resilience and Hazards) 2021 have been addressed.

6. State Environmental Planning Policy (Biodiversity and Conservation) 2021 applies to the site as the site is located within the Goerges River Catchment. Part 6.2 Development in regulated catchments includes controls on development generally at Div 2, including mandatory pre-conditions to the grant of consent. I accept the Council's assessment that the proposal's Stormwater Management Plan and Stormwater Plans have adequately considered the requirements under Div 2. The mandatory pre-conditions are satisfied by the proposal and the condition of consent.

7. The site is zoned R2 Low Density Residential pursuant to the Georges River Local Environmental Plan 2021 (LEP 2021). The objectives of the R2 zone, to which regard must be had, are:

* To provide for the housing needs of the community within a low density residential environment.

* To enable other land uses that provide facilities or services to meet the day to day needs of residents.

* To promote a high standard of urban design and built form that enhances the local character of the suburb and achieves a high level of residential amenity.

* To provide for housing within a landscaped setting that enhances the existing environmental character of the Georges River local government area.

8. The proposal complies with the height and floor space ratio development standards under cll 4.3 and 4.4 of LEP 2021.

9. I accept the Council's assessment that the application has satisfactorily addressed the matters under cl 6.5(3) of LEP 2021.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196665784b6178866fa873fd)

Disclaimer: Curated by HT Syndication.