NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Lim v Mosman Municipal Council [2023] NSWLEC 1344 Hearing dates: Conciliation conference held on 23 June 2023 Date of orders: 06 July 2023 Decision date: 06 July 2023 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Consent 8.2016.189.1 is modified by consent to Modification Application 8.2016.189.3, in the terms set out in Annexure A. (3) Development Consent 8.2016.189.1 is subject to the consolidated conditions as described in Annexure B. Catchwords: MODIFICATION APPLICATION – condition relating to approved dwelling – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.46, 4.55, 8.9 Environmental Planning and Assessment Regulation 2021, s 98 Land and Environment Court Act 1979, 34AA Mosman Local Environment Plan 2012 Texts Cited: Mosman Community Participation Plan 2018 Mosman Development Control Plan 2012 Category: Principal judgment Parties: Peter Khing Hee Lim (First Applicant) Andrew Darroch (Second Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (First and Second Applicants) K Glanville (Solictior) (Respondent)
Solicitors: Boskovitz Lawyers (First and Second Applicants) Pikes & Verekers Lawyers (Respondent) File Number(s): 2023/165423 Publication restriction: Nil
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