Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 7:

1. COMMISSIONER: Development consent was granted to DA2022/0001 on 14 August 2023 (DA). Modification Application No. MOD2024/0022 (MA) seeks to modify the development consent and has been refused by Georges River Council (Council).

2. The development consent provides for the erection of a dwelling house, swimming pool, retaining walls and fence, and alterations and additions to stairs, boat ramp, and seawall at land previously identified as Lot C, DP 329857, which is now legally known as Lot 1 in DP1301706; also known as 185 Queens Road, Connells Point and on certain Crown Land (Georges River).

3. The parties in the proceedings advise that the MA, as amended, seeks the following modifications to the DA (Jurisdictional Statement (JS) received by the Court on 25 July 2025):

"(a) Extension of the walk-in-robe for the master bedroom and repositioning of access to the front balcony,

(b) Enlargement of the master bedroom; and

(c) Repositioning of walls within the walk-in-robe and master bedroom."

4. These proceedings are an appeal under s 8.9 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), against Council's refusal of the MA.

Conciliation and agreement reached between the parties

5. The Court arranged a conciliation conference between the parties under s 34AA of the Land and Environment Court Act 1979 (NSW) (LEC Act). The conference was held on 23 July 2025. I was appointed to preside. Subsequently, the parties have advised the Court that an agreement has been reached in regard to the MA. This agreement, based on certain agreed amendments, provides for the terms of a decision in the proceedings that would be acceptable to the parties. This decision involved the Court approving the MA.

6. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision, provided it is a decision that the Court could have made in the proper exercise of its functions. There are certain jurisdictional pre-requisites which require attention before this function can be exercised. The parties outlined matters of relevance in these proceedings in the JS, which in part I rely on below.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/198778d3c84eea26fe642bdd)

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