Mai Viet v Georges River Council [2025] NSWLEC 1519 | Case summary | Zoe

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Mai Viet v Georges River Council [2025] NSWLEC 1519 | Case summary | Zoe

COMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of Development Application No. 2023/0580 (DA) for demolition, excavation, construction of a dwelling house over three levels, swimming pool, boat shed, inclinator, landscaping and site works at 52 Annette Street, Oatley NSW 2223.
The subject site is legally described as Lot 2 in DP 205809.
The site extends from Annette Street to the foreshore of Oatley Bay. There is an existing detached single storey brick dwelling with a pitched tile roof located to the east of a double carport structure, set high on the site, both of which are proposed to be demolished as part of the new development.
There is a significant fall from the level of the existing dwelling on the subject site to the foreshore below, with a series of flights of stairs located beside exposed rock outcrops.
The DA was lodged with Georges River Council on 20 February 2024, and notified between 14 March 2024 and 8 April 2024, in response to which nine public submissions were received, raising concerns including inaccurate information in the plans, privacy, loss of solar access, view loss, potential damage to adjoining properties during construction, height, scale, bulk and setbacks.
The DA was determined by refusal on 10 December 2024.
The Applicant in these proceedings filed an appeal in Class 1 of the Court’s jurisdiction on 10 March 2025.
The Court arranged a conciliation conference between the parties, in accordance with the provisions of s 34AA of the Land and Environment Court Act 1979 (NSW) (LEC Act), which was held on 8 - 9 July 2025. I presided over the conciliation conference, commencing with an onsite view, at which the Court, in the company of legal representatives, the applicants and experts, heard oral submissions from residents. Following the conciliation conference, on the basis of amended plans and agreed conditions of consent, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties.
A signed agreement was submitted to the Court on 9 July 2025, in accordance with s 34(10) of the LEC Act.
Generally, the agreement approves the development subject to amended plans and supporting documents that were prepared by the Applicant, along with the agreed conditions of consent annexed to the s 34 agreement.
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 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.
I formed an opinion of satisfaction, based on the evidence and the submissions of the parties, that each of the pre-jurisdictional requirements identified by the parties have been met, for the reasons that follow.

Georges River Local Environmental Plan 2021 (GRLEP) applies to the Site, which is within the Georges River Local Government Area (GRLEP cl 1.3).
The site is located within the R2 Low Density Residential zone, pursuant to GRLEP 2021. ‘Dwelling houses’ are permissible with consent in the R2 Low Density Residential zone. The proposal is consistent with the relevant objectives of the zone, which 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.
The parties agree, and I am satisfied, that the development seeks consent for demolition in accordance with cl 2.7 of GRLEP.
The proposal is within the height standard at cl 4.3 of GRLEP. The maximum building height is 9 m; the parties agree, and I am satisfied that the proposed development does not exceed 9 m in height (indicated on architectural plan 07 issue D, Innovate Architects, dated 8 July 2025).
The proposal is within the floor space ratio (FSR) at cl 4.4 of GRLEP. The site has a maximum FSR of 0.316:1, permitting a total floor area of 603.5 m2. The proposed development has an FSR of 0.31:1 with a total floor area of 596.46 m2 (indicated on architectural plan 02 issue D, Innovate Architects, dated 8 July 2025).
The site is identified as being in an area of Class 5 Acid Sulfate Soils (ASS) on the relevant map at cl 6.1 of GRLEP. I accept the advice of the parties, supported by the Statement of Environmental Effects (The Planning Co.dated 29 November 2024), and the Geotechnical Report (Australian GeoEnviro Pty Ltd; 23 November 2024) that, as the proposed works not likely to lower the water table below 1m, an Acid Sulfate Soils management plan is not required.
Clause 6.3 (Stormwater Management) of GRLEP applies to the site. The parties agree, and I am satisfied that the stormwater engineering plans (Hyten Engineering dated 15 November 2024) confirm the development has been designed to maximise the use of water permeable surfaces on the land, and the adverse impacts of stormwater runoff is minimised and meets the objectives of cl 6.3 (2).
Clause 6.4 (Foreshore Area and Coastal Hazards and Risk) of GRLEP applies to the site, as part of the site is identified on the Coastal Hazard and Risk Map and the Foreshore Building Line Map. The parties agree and I am satisfied that the matters set out in cl 6.4(4) have been considered, and that the proposed development will not cause environmental harm by pollution or siltation of the waterway, and provides appropriate measures (including by conditions) to avoid, minimise or mitigate the impacts of the proposed development.
Clause 6.5 (Riparian Land and Waterways) of the GRLEP applies to the site, as part of the site is identified on the Riparian Land and Waterways Map. The parties agree and I am satisfied that consideration has been given to the matters set out in cl 6.5 (3) of the GRLEP. The proposed development is unlikely to have an adverse impact on water quality and flows within the waterway, is unlikely to increase water extraction from the waterway, and will not cause environmental harm by pollution or siltation of the waterway, as the proposed development will reduce the amount of stormwater run-off from the site and will improve the quality through the utilisation of sediment and erosion control measures.
Clause 6.6 (Foreshore Scenic Protection Area) of the GRLEP applies to the site as the site is identified on the Foreshore Scenic Protection Area Map. The parties agree, and I am satisfied, that the development would facilitate the matters set out in cl 6.6 (3) including to protect the natural environment and minimise impact on the views and visual environment.
I am satisfied that the services essential for the development, as set out in cl 6.9 (Essential Services) of the GRLEP, are available or that adequate arrangements have been made to make the available when required.