Sevasteli v Georges River Council

Texts Cited: Georges River Development Control Plan 2021

Category: Principal judgment

Parties: George Sevasteli (Applicant)
Georges River Council (Respondent)

Representation: Counsel:
N Hammond (Applicant)
A Seton (Solicitor) (Respondent)
Solicitors:
Conomos Legal (Applicant)
Marsdens Law Group (Respondent)

File Number(s): 2025/356901

Publication restriction: Nil

Judgment

COMMISSIONER:

Introduction

1. This is a Class 1 Development Appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) by the applicant against the respondent’s refusal of the applicant’s development application DA2024/356901 (Development Application) seeking consent for the demolition of existing structures and construction of a two-storey dwelling, swimming pool, basement and rear carport on land identified as Lot 3 in Deposited Plan 358298, also known as 325 Connells Point Road, Connells Point, collectively, the Subject Land.

2. The Court has power to dispose of these proceedings under its Class 1 jurisdiction pursuant to s 17(d) of the Land and Environment Court Act 1979 (LEC Act).

Background

3. The Development Application was lodged with the respondent on 3 July 2024.

4. The Development Application was notified between 18 July and 8 August 2024. No submissions were received during the notification period.

5. The Development Application was refused by the respondent on 2 September 2025.

6. The proceedings were commenced on 17 September 2025, being within the appeal period prescribed by s 8.10 of the EPA Act.

7. The Court arranged a conciliation conference under s 34AA(2)(a) of the LEC Act between the parties, which was held on 2 and 3 February 2026.

8. At the site view on 2 February 2026, the Court inspected the Subject Land and walked parts of Connells Point Road and Queens Road with the parties and their experts.

9. During the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. The decision agreed upon is for the grant of consent to the Development Application, as amended, subject to conditions of consent. The signed agreement is supported by an agreed jurisdictional statement.

10. Amended plans and documents were provided to the Court on 3 and 5 February 2026 (cited at [37]) (Amended Development Application). The amendments include:

11. reducing the size of the basement;

12. decreasing the width of the garage door;

13. increasing and amending the proposed landscaping;

14. increasing the front setback on the south/western elevation on the first floor;

15. reconfiguring the carport and bathroom; and

16. amending the design and appearance of the carport and associated fencing.

17. 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.

18. In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties.

Jurisdictional considerations

13. As the presiding Commissioner, I am satisfied that the decision is one that the Court can make in the proper exercise of its functions (this being the test applied by s 34(3) of the LEC Act). I form this state of satisfaction for the reasons that follow.

Owner*’*s consent

14. The registered proprietors of the Subject Land (which includes the applicant in these proceedings) provided their consent to the lodgement of the Development Application (see Class 1 Application, tabs 1 and 3). Further, the applicant named on the Development Application form, Mr Mark Alves, by letter of 15 September 2025, consented to Mr Sevasteli being the applicant in these proceedings (Class 1 Application, tab 1).

State Environmental Planning Policy (Resilience and Hazards) 2021

15. Chapter 2 of the State Environmental Planning Policy (Resilience and Hazards) 2021 (RH SEPP) applies to the Amended Development Application as the Subject Land is identified as being located within the “coastal zone”, “coastal environment area” and “coastal use area”. The parties agree, and I accept that, having regard to the Stormwater Plans prepared by Caters Consulting dated variously 20 and 22 January 2026 (Stormwater Plans) and p 16 of the Statement of Environmental Effects prepared by BMA Urban dated June 2024 (SEE), the development will not cause any adverse impacts on the coastal zone, coastal environment area or coastal use area.

16. In respect of Ch 4 of the RH SEPP, I accept the parties’ submission that the requirements of cl 4.6 of the RH SEPP have been considered and the Subject Land is suitable to accommodate the development the subject of the Amended Development Application. This is primarily because of the Subject Land’s longstanding history of residential use with no known history of potentially contaminating uses or events.

State Environmental Planning Policy (Sustainable Buildings) 2022

17. The parties agree that the State Environmental Planning Policy (Sustainable Buildings) 2022 applies to the Amended Development Application.

18. BASIX Certificate No. 1831549S_02 dated 05 February 2026 is included in the Amended Development Application.

State Environmental Planning Policy (Biodiversity and Conservation) 2021

19. Part 6 of State Environmental Planning Policy (Biodiversity and Conservation) 2021 (BC SEPP) applies to the Subject Land as it is located within the Georges River Catchment. The parties agree that the Amended Development Application is consistent with the requirements for developments within the Georges River Catchment and will not result in any adverse impact on such catchments. Having regard to the agreement of the parties and the analysis set out in the SEE (see p 15) and Stormwater Plans, I confirm that I have considered, and am satisfied of, the matters set out in Pt 6 that are relevant to the proposal.

State Environmental Planning Policy (Transport and Infrastructure) 2021

20. The parties agree that s 2.48 of the State Environmental Planning Policy (Transport and Infrastructure) 2021 (TI SEPP) applies to the Amended Development Application.

21. Pursuant to s 2.48(2) of the TI SEPP, a consent authority must give written notice to the electricity supply authority for the area in which the development is to be carried out (being Ausgrid in this case), inviting comments about potential safety risks, and take into consideration any response to the notice that is received. The Development Application was consequently referred to Ausgrid pursuant to s 2.48 of the TI SEPP.

22. Ausgrid provided its response (undated), stating that it had no objection to the proposal subject to the imposition of relevant conditions. Ausgrid’s conditions of consent are incorporated in the agreed conditions of consent (see Condition 7 in Annexure A).

Georges River Local Environmental Plan 2021 (GRLEP)

23. The Site is zoned R2 Low Density Residential under the GRLEP. Accordingly, dwelling houses and ancillary works are permitted with consent in the R2 zone. I have had regard to the zone objectives which are extracted below:

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.

24. Pursuant to cl 4.3 of the GRLEP (height of buildings), the Subject Land is subject to a maximum building height of 9m. The parties agree that the Amended Development Application complies with this standard.

25. Pursuant to cl 4.4A of the GRLEP (floor space ratio), the Subject Land is subject to a maximum floor space ratio of 0.52:1. The parties agree that the Amended Development Application complies with this standard.

26. Pursuant to cl 6.1 of the GRLEP (acid sulfate soils), the parties agree that the Subject Land is mapped as “Class 5” on the Acid Sulfate Soils Map. Having regard to p 19 of the SEE, I accept the submission of the parties that the water table is unlikely to be lowered below 1 metre on adjacent Class 1, 2, 3 or 4 land and that a preliminary acid sulfate soils investigation is therefore not required.

27. Pursuant to cl 6.2 of the GRLEP (earthworks), the parties agree that the matters listed in cl 6.2(3) have been considered, having regard to the Geotechnical Report prepared by Green Geotechnics dated 18 November 2025, Joint Report of the Geotechnical Experts filed 15 December 2025 (Joint Geotech Report), and agreed conditions of consent.

28. Pursuant to cl 6.3 of the GRLEP (stormwater management), the consent authority must be satisfied of the matters in cl 6.3(2). Having regard to the Stormwater Plans prepared by Caters Consulting dated variously 20 and 22 January 2026 and the SEE (p 21), the parties agree, and I accept, that the matters in cl 6.3(2) are satisfied.

29. Pursuant to cl 6.6 of the GRLEP (foreshore scenic protection area), the consent authority must be satisfied of the matters in cl 6.6(3) in deciding whether to grant development consent. Having regard to the amendments to the proposal, including to minimise bulk, increase articulation on the south-west corner at the upper level which is visible from the foreshore, amended colours and finishes, and additional landscaping to soften the appearance of the built form, the parties agree, and I accept, that the matters in cl 6.6(3) of the GRLEP are satisfied.

30. Pursuant to cl 6.9 of the GRLEP (essential services), the parties agree that all services essential for the development are available or adequate arrangements have been made to make them available when required.

31. Pursuant to cl 6.10 of the GRLEP (design excellence), the development consent must not be granted unless the consent authority considers that the development exhibits design excellence (cl 6.10(4)) having regard to the matters set out in cl 6.10(5) of the GRLEP. The parties agree, and I accept that, the Amended Development Application exhibits design excellence for the purposes of this clause.

32. Pursuant to cl 6.12 of the GRLEP (landscaped areas in certain residential and conservation zones), development consent must not be granted to development unless the consent authority is satisfied of the matters set out in cl 6.12(4) and, relevantly in this matter, have a minimum of 25% of the site area consisting of landscaped area. Having regard to the Landscaping Plans prepared by ALDA Landscape Architecture dated 2 February 2025, the parties agree, and I accept, that the matters in cl 6.12(4) are satisfied and the Amended Development Application proposes 25% of the site area as landscaped area.

Georges River Development Control Plan 2021

33. The parties agree that the Amended Development Application is capable of approval having regard to the provisions of the Georges River Development Control Plan 2021 insofar as they are relevant (see also pp 25-40 of the SEE).

Remaining matters in s 4.15(1) of the EPA Act

34. The parties agree that the matters set out in s 4.15(1)(b), (c), and (e) of the EPA Act have been considered (see pp 41-43 of the SEE), the Subject Land is suitable for the proposed development, and the Amended Development Application is in the public interest.

Conclusion

35. As the parties’ decision is a decision that the Court could have made in the proper exercise of its functions, I am required under s 34(3) of the LEC Act to dispose of the proceedings in accordance with the parties’ decision.

36. In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties.

37. The Court notes that the respondent, as the relevant consent authority, has agreed under s 38(1) of the Environmental Planning and Assessment Regulation 2021 (NSW), to the applicant amending Development Application No. DA2024/0297 in accordance with the following amended plans and documents:

38. Architectural plans:

| Architectural Plans | | Description Reference | Reference No. | Date | Revision | Prepared by | | Cover Sheet | E0001 | 2/02/2026 | M | MAP Architects | | Demolition and WMP Plan | E0003 | 2/02/2026 | M | MAP Architects | | Proposed Site Plan | E0004 | 2/02/2026 | M | MAP Architects | | Proposed Areas and Deep Soil Plan | E0005 | 2/02/2026 | M | MAP Architects | | Basement and Garage Floor Plan | E0006 | 2/02/2026 | M | MAP Architects | | Ground Floor | E0007 | 2/02/2026 | M | MAP Architects | | Ground Floor | E0008 | 2/02/2026 | M | MAP Architects | | First Floor Plan | E0009 | 2/02/2026 | M | MAP Architects | | Proposed Roof Plan | E0010 | 2/02/2026 | M | MAP Architects | | North and South Elevation | E0011 | 2/02/2026 | M | MAP Architects | | East Elevation Ev | E0012 | 2/02/2026 | M | MAP Architects | | West Elevation | E0013 | 2/02/2026 | M | MAP Architects | | Streetscape and Elevation – Queens Rd | E0014 | 2/02/2026 | M | MAP Architects | | Sections AA and A1 | E0015 | 2/02/2026 | M | MAP Architects | | Sections BB and B1 | E0016 | 2/02/2026 | M | MAP Architects |

2. Landscape plans:

| Landscape Plans | | Description Reference | Reference No. | Date | Revision | Prepared by | | Landscape Plan Ground Floor | 471-F301 | 2/02/2026 | K | ALDA Landscape Architecture |

3. Stormwater Plans:

| Stormwater Plans | | Description Reference | Reference No. | Date | Revision | Prepared by | | General Notes and Locality Plan | 23136C1.00 | 20/01/2026 | C | Caters Consulting Engineers | | Basement Drainage Plan and Details | 23136C2.00 | 22/01/2026 | D | Caters Consulting Engineers | | Ground Floor Drainage Plan and Details | 23136C2.10 | 22/01/2026 | D | Caters Consulting Engineers | | First Floor and Roof Drainage Plan | 23136C2.20 | 20/01/2026 | C | Caters Consulting Engineers | | OSD Calculations and Section Details | 23136C3.00 | 20/01/2026 | C | Caters Consulting Engineers | | Erosion and Sediment Control Plan | 23136C4.00 | 20/01/2026 | C | Caters Consulting Engineers |

4. BASIX Certificate

| BASIX Certificate No. | Dated | | 1831549S_02 | 05/02/2026 |

38. As set out at [10], the above documents were provided to the Court on 3 and 5 February 2026.

Orders

39. The Court orders that:

40. The appeal is upheld.

41. Development application No. DA2024/0297, as amended, for the demolition of the existing dwelling and the erection of a new two-storey dwelling house with basement, swimming pool and rear carport on land known as 325 Connells Point Road, Connells Point, is determined by the granting of consent subject to the conditions set out in Annexure A.

N Targett

Commissioner of the Court

Annexure A (343 KB, pdf)

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