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[2026] NSWLEC 1130
General information, not legal advice.
Land and Environment Court (NSW)
2026-03-17
Washington C
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Source: NSW Caselaw (www.caselaw.nsw.gov.au). Converted to plain text by ZoeLaw. Not the official version.
Medium Neutral Citation: Chen v Georges River Council [2026] NSWLEC 1130
Hearing dates: Conciliation conference on 9 & 10 March 2026
Date of orders: 17 March 2026
Decision date: 17 March 2026
Jurisdiction: Class 1
Before: Washington C
Decision: The Court orders:
(1) The appeal is upheld.
(2) Development Application Number DA2025/0143, as amended, for the proposed demolition of the existing two-storey dwelling and associated structures and the construction of a three-storey dwelling and swimming pool at 106 Stuart Street, Blakehurst NSW (Lot 101 in Deposited Plan 808410) is determined by the grant of development consent subject to conditions contained in Annexure A.
Catchwords: DEVELOPMENT APPLICATION – dwelling house – conciliation conference – agreement between the parties – orders
Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), ss 4.16, 8.7
Land and Environment Court Act 1979 (NSW), ss 34, 34AA
Environmental Planning and Assessment Regulation 2021 (NSW), s 38
Georges River Local Environmental Plan 2021, cll 4.3, 4.4, 6.1, 6.2, 6.3, 6.5, 6.6, 6.9, 6.10, 6.12
State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.7, 6.8, 6.9, 6.10, 6.11
State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, ss 2.10, 2.11, 2.12, 2.13, 4.6
State Environmental Planning Policy (Sustainable Buildings) 2022
Category: Principal judgment
Parties: Weifeng Chen (Applicant)
Georges River Council (Respondent)
Representation: Counsel:
S Kondilios (Solicitor) (Applicant)
R O’Gorman-Hughes (Respondent)
Solicitors:
Hall and Wilcox (Applicant)
Goerges River Council (Respondent)
File Number(s): 2025/406651
Publication restriction: No
COMMISSIONER: These Class 1 proceedings arise as a result of the deemed refusal, by Georges River Council, of Development Application DA2025/0143 which seeks consent for the demolition of existing structures, and construction of multi-level dwelling house including a swimming pool at 106 Stuart Street, Blakehurst NSW, legally known as Lot 101 in DP 808410.
These proceedings have been brought to the Court pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act).
The Court arranged a conciliation conference and hearing under s 34AA of the Land and Environment Court Act 1979 (NSW) (LEC Act) between the parties, which was held on 9 March 2025.
At the conciliation conference, the parties reached agreement as to acceptable terms of a decision in the proceedings. This decision involved the Court upholding the appeal and granting development consent to the development application subject to conditions. Subsequently, the matter concluded in conciliation and did not proceed to a hearing.
As part of this agreement, pursuant to s 38 of the Environmental Planning and Assessment Regulation 2021 (NSW) (EPA Regulation), the Council agreed to the applicant amending the development application to adequately address their contentions.
Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ decision if that decision is one that the Court could have made in the proper exercise of its functions. 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 jurisdictional prerequisites that must be satisfied before this function can be exercised, which the parties identified and explained. From this I note the following points.
The development application was made with the written consent of the owner of the land.
The application was adequately notified from 1 – 22 May 2025, during which time one submission was received. The same resident made oral submissions at the commencement of proceedings. Based on the amended application, the parties submit, and I accept, that the development as amended adequately responds to the concerns raised in these submissions and that the amended application does not necessitate renotification.
As the site is identified as being within a Coastal Environment Area and Coastal Use Area pursuant to the State Environmental Planning Policy (Resilience and Hazards) 2021 (SEPP R&H), Ch 2 of this SEPP applies. From the parties’ submission, the Geotechnical Report by Geofirst Pty Ltd dated 19 January 2025, the stormwater plans by CK Engineering Services dated March 2025, and the agreed conditions of consent, I accept that the proposed development satisfies the requirements of ss 2.10, 2.11 and 2.12 of the SEPP R&H. Further, as no coastal management plan currently applies to the site, s 2.13 is also satisfied.
Section 4.6 of the SEPP R&H requires the consent authority to consider whether the site is contaminated, and if so, whether it is or will be made suitable for the intended use. From the parties’ submission and the Statement of Environmental Effects by VOARC Architects dated March 2025 (SEE), I accept that there is no known contamination on the site, nor any history of contaminating activities and that the site is suitable for the continued residential use.
Pursuant to the State Environmental Planning Policy (Sustainable Buildings) 2022, the proposal is a BASIX affected development. Accordingly, the application was accompanied by a BASIX certificate as required by the EPA Regulation.
The site is located within the Georges River Catchment and accordingly, Ch 6 of the State Environmental Planning Policy (Biodiversity and Conservation) 2021 applies. Based on the amended application and the parties’ submission, I accept that the requirements of Ch 6 relating to water quality and quantity (s 6.6) and aquatic ecology (s 6.7) are met by the proposed development. I further accept that the site is not flood affected (s 6.8), the proposed development does not affect public access to and from natural waterbodies (s 6.9), and is not likely to have any adverse environmental impact on any adjacent local government areas (s 6.10). Although the site is located within 100m of a natural waterbody, I note that the proposed land use is not water-dependent, and conflicts between land uses have been minimised (s 6.11).
The subject site is zoned R2 Low Density Residential under the Georges River Local Environmental Plan 2021 (GRLEP), within which development for the purposes of a dwelling house is permissible with consent. The proposed development is consistent with the objectives of this zone.
Pursuant to GRLEP cl 4.3, a maximum building height of 9m applies to the subject site. The proposed development complies with this development standard.
GRLEP cl 4.4 establishes a maximum floor space ratio (FSR) for the site of 0.431:1. The proposed development again complies with this development standard with a maximum FSR of 0.4:1.
Pursuant to GRLEP cl 6.1, the site is identified as Class 5 on the Acid Sulfate Soils Map, however I accept from the parties’ submission and the architectural drawings by Vourtzoumis Architects dated 9 March 2026 that the proposed works are not likely to lower the water table below 1 metre Australian Height Datum. Accordingly, an acid sulfate soils management plan is not required, and the provisions of this clause are met.
Pursuant to GRLEP cl 6.2, from the Geotechnical Report and the amended architectural plans, I accept that the matters pertaining to earthworks have been adequately considered.
The amended application is supported by stormwater plans. From these documents, the SEE, the relevant conditions of consent and the parties’ submission, I accept that the stormwater management of the development meets the requirements of GRLEP cl 6.3.
The site is mapped as ‘sensitive land’ pursuant to GRLEP cl 6.5 Riparian land and waterways. From the parties’ submission, the amended application and the agreed conditions of consent, I accept that the matters listed in cl 6.5(3) have been considered. I further accept that the development is designed, sited, and will be managed to avoid significant adverse environmental impact, or if it cannot be reasonably avoided the development is designed, sited and will be managed to minimise or mitigate that impact as required by cl 6.5(4).
Pursuant to the requirements of GRLEP cl 6.6, this site is identified as ‘Foreshore scenic protection area’. From the parties’ submissions and the amended application, I accept that the development facilitates the requirements listed in cl 6.6(3).
Based on the parties’ submissions, the stormwater plans and the fact that the existing residential dwelling is fully serviced, I accept that all essential services are available, or that adequate arrangements have been made to make them available as required by GRLEP cl 6.9.
Pursuant to GRLEP cl 6.10, the consent authority must consider that the development exhibits design excellence through having regard to the matters listed in cl 6.10(5). From the parties’ submission and the amended application, I accept that when considered against cl 6.10(5), the proposed development exhibits design excellence for the purposes of GRLEP cl 6.10.
Pursuant to GRLEP cl 6.12 (landscaped areas in certain residential and conservation zones), based on the parties’ submission and the amended landscape plans, I accept that the landscaped area exceeds the minimum 25% landscaped area requirement with a provision of 45.3% landscaped area, and that the development satisfies the requirements listed in cl 6.12(4).
For these reasons, I am satisfied that the parties’ decision is one that the Court could have made in the proper exercise of its functions, as required by s 34(3) of the LEC Act. Subsequently, I am required under s 34(3) of the LEC Act to dispose of the proceedings in accordance with the parties’ decision.
The Court notes:
Georges River Council, as the relevant consent authority, approves under section 38(1) of the EPA Regulation to the amendment of Development Application Number DA2025/0143 (Amended Development Application) to rely upon the following amended plans:
| Approved Plans | | Plan Number | Revision Number | Plan Title | Drawn By | Date of Plan | | DA000 | B3 | Schedule of Drawings | Vourtzoumis Architects | 9 March 2026 | | DA001 | B3 | Notes and Legends and BASIX Commitments | Vourtzoumis Architects | 9 March 2026 | | DA002 | B3 | Design Calculations and Compliance Table | Vourtzoumis Architects | 9 March 2026 | | DA101 | B3 | Site Analysis Plan | Vourtzoumis Architects | 9 March 2026 | | DA102 | B3 | Site Plan | Vourtzoumis Architects | 9 March 2026 | | DA103 | B3 | Demolition Plan | Vourtzoumis Architects | 9 March 2026 | | DA104 | B3 | Cut and Fill Plan | Vourtzoumis Architects | 9 March 2026 | | DA110 | B3 | Proposed Pool Terrace Plan | Vourtzoumis Architects | 9 March 2026 | | DA111 | B3 | Proposed Lower Ground Floor Plan | Vourtzoumis Architects | 9 March 2026 | | DA112 | B3 | Proposed Ground Floor Plan | Vourtzoumis Architects | 9 March 2026 | | DA113 | B3 | Floor Plan: First Floor | Vourtzoumis Architects | 9 March 2026 | | DA114 | B3 | Roof Plan | Vourtzoumis Architects | 9 March 2026 | | DA120 | B3 | Existing Landscape Calculation Plan | Vourtzoumis Architects | 9 March 2026 | | DA121 | B3 | Proposed Landscape Calculation Plan | Vourtzoumis Architects | 9 March 2026 | | DA131 | B3 | GFA Calculation Plan: Lower Ground and Ground Floor | Vourtzoumis Architects | 9 March 2026 | | DA132 | B3 | GFA Calculation Plan: First Floor | Vourtzoumis Architects | 9 March 2026 | | DA201 | B3 | Proposed Floor Plan: Pool Terrace (Revised) | Vourtzoumis Architects | 9 March 2026 | | DA202 | B3 | Proposed Floor Plan: Lower Ground | Vourtzoumis Architects | 9 March 2026 | | DA203 | B3 | Proposed Floor Plan: Ground Floor | Vourtzoumis Architects | 9 March 2026 | | DA204 | B3 | Proposed Front Yard Plan | Vourtzoumis Architects | 9 March 2026 | | DA205 | B3 | Proposed Floor Plan: First Floor | Vourtzoumis Architects | 9 March 2026 | | DA206 | B3 | Proposed Floor Plan: Roof | Vourtzoumis Architects | 9 March 2026 | | DA305 | B3 | North Elevation | Vourtzoumis Architects | 9 March 2026 | | DA306 | B3 | East Elevation | Vourtzoumis Architects | 9 March 2026 | | DA307 | B3 | South Elevation | Vourtzoumis Architects | 9 March 2026 | | DA308 | B3 | West Elevation | Vourtzoumis Architects | 9 March 2026 | | DA311 | B3 | North Elevation | Vourtzoumis Architects | 9 March 2026 | | DA312 | B3 | East Elevation | Vourtzoumis Architects | 9 March 2026 | | DA313 | B3 | South Elevation | Vourtzoumis Architects | 9 March 2026 | | DA314 | B3 | West Elevation | Vourtzoumis Architects | 9 March 2026 | | DA315 | B3 | Front Fence Elevations | Vourtzoumis Architects | 9 March 2026 | | DA401 | B3 | Long Section: Site | Vourtzoumis Architects | 9 March 2026 | | DA402 | B3 | Long Section: Site | Vourtzoumis Architects | 9 March 2026 | | DA403 | B3 | Long Section: Site | Vourtzoumis Architects | 9 March 2026 | | DA411 | B3 | Cross Section | Vourtzoumis Architects | 9 March 2026 | | DA412 | B3 | Cross Section | Vourtzoumis Architects | 9 March 2026 | | DA413 | B3 | Cross Section | Vourtzoumis Architects | 9 March 2026 | | DA414 | B3 | Long Section | Vourtzoumis Architects | 9 March 2026 | | DA415 | B3 | Long Section | Vourtzoumis Architects | 9 March 2026 | | DA601 | B3 | Driveway Section: At Boundary | Vourtzoumis Architects | 9 March 2026 | | DA602 | B3 | Driveway Section: At Garage Entry | Vourtzoumis Architects | 9 March 2026 | | DA701 | B3 | Window Schedule | Vourtzoumis Architects | 9 March 2026 | | DA702 | B3 | Window and Skylight Schedule | Vourtzoumis Architects | 9 March 2026 | | DA703 | B3 | Door Schedule | Vourtzoumis Architects | 9 March 2026 | | DA704 | B3 | Door Schedule | Vourtzoumis Architects | 9 March 2026 | | L01/1 - 5462 | B | Landscape Concept Plan | Michael Siu Landscape Architects | 9 March 2025 | | 252735 | 0 | Index | CK Engineering Services | March 2025 | | 252735 | 0 | Stormwater Detail Plan | CK Engineering Services | March 2025 | | 252735 | 0 | Basement | CK Engineering Services | March 2025 | | 252735 | 0 | Lower Ground Floor | CK Engineering Services | March 2025 | | 252735 | 0 | First Floor Plan | CK Engineering Services | March 2025 | | 252735 | 0 | Roof Plan | CK Engineering Services | March 2025 | | 252735 | 0 | Rainwater Tank Details | CK Engineering Services | March 2025 | | 252735 | 0 | Pump Out Tank Details | CK Engineering Services | March 2025 | | 252735 | 0 | Erosion and Sediment Control Plan | CK Engineering Services | March 2025 |
The Court orders:
The appeal is upheld.
Development Application Number DA2025/0143, as amended, for the proposed demolition of the existing two-storey dwelling and associated structures and the construction of a three-storey dwelling and swimming pool at 106 Stuart Street, Blakehurst NSW (Lot 101 in Deposited Plan 808410) is determined by the grant of development consent subject to conditions contained in Annexure A.
Annexure A (425 KB, pdf)
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Pursuant to r 36.17 of UCPR "slip rule", amendment is made to a typographical error in Condition 38(f) of Annexure A.
Chen
Georges River Council [2026] NSWLEC 1130