Lim v North Sydney Council [2021] NSWLEC 1531

Land and Environment Court New South Wales

Medium Neutral Citation: Lim v North Sydney Council [2021] NSWLEC 1531 Hearing dates: Conciliation conference on 7 September 2021 Date of orders: 14 September 2021 Decision date: 14 September 2021 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No. DA9/21 for the construction of alterations and additions to an existing dwelling, removal of existing shed in rear yard, construction of bi-fold gates at rear frontage, and associated works at 46 Burlington Street, Crows Nest is approved subject to the conditions in Annexure A. Catchwords: APPEAL – development application – conciliation conference – agreement reached Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, ss 34, 34AA North Sydney Local Environmental Plan 2013, cll 2.3, 5.10, 6.10 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Category: Principal judgment Parties: Eric Young Aun Lim (Applicant) North Sydney Council (Respondent) Representation: Counsel: T Sattler (Solicitor) (Applicant) K Gerathy (Solicitor) (Respondent)

Solicitors: Sattler and Associates (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s): 2021/123657 Publication restriction: No