Howe v Georges River Council [2026] NSWLEC 1242
Before: Dickson C · NSW Land and Environment Court
Summary
DEVELOPMENT APPLICATION – demolition and construction of multi-unit housing – conciliation conference – amended plans and documents – agreement between the parties – orders made.
Catchwords
DEVELOPMENT APPLICATION – demolition and construction of multi-unit housing – conciliation conference – amended plans and documents – agreement between the parties – orders made.
Outcome
The Court orders that: (1) The appeal is upheld. (2) Development Application No DA 2024/0184 for demolition works and construction of multi-unit housing at 320 & 320A Princes Highway, Carrs Park is approved subject to the conditions in Annexure A. (3) The Applicant is to pay the Respondent’s costs thrown away in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), in the sum of $16,000.00 within 28 days of the date of these orders.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), 4.15, 4.16, 9.8, 8.15 Land and Environment Court Act 1979 (NSW), s 34 Roads Act 1993 (NSW), s 138 Environmental Planning and Assessment Regulation 2021 (NSW), ss 23, 38 Georges River Local Environmental Plan 2021, cll 2.7, 4.3, 4.3A, 4.4, 4.6, 6.1, 6.2, 6.3, 6.9 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt 6.2, Ch 2, Div 2, s 2.3, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, Ch 2, s 3.2, Sch 1 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.199, 2.100
Read the full judgment
Authoritative text on NSW Caselaw · ~21k words
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