NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Vicar 28 Pty Ltd v Randwick City Council (No 2) [2024] NSWLEC 1077 Hearing dates: 28 November 2023, 29 November 2023 and 14 December 2023 Date of orders: 28 February 2024 Decision date: 28 February 2024 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The appeal is upheld. (2) Modification application DA/620/2020/A is approved for the three-storey residential flat building with modifications to the four units, the basement car parking allocation together with an exhaust vent on the carpark roof in relation to the land known as 28 Vicar Street, Coogee being the whole of the land in Lot 2 Deposited Plan 18489 subject to Annexure A (the Modified Conditions) and Annexure B (the Consolidated Conditions). (3) The exhibits are retained. Catchwords: MODIFICATION APPLICATION – setback, streetscape, acoustic, visual and amenity impact Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.56 Land and Environment Court Act 1979, s 39 Cases Cited: Vicar 28 Pty Ltd v Randwick City Council [2023] NSWLEC 1803 Category: Consequential orders Parties: Vicar 28 Pty Ltd (Applicant) Randwick City Council (Respondent) Representation: Counsel: I Hemmings SC (Applicant) M Harker (Respondent)
Solicitors: Mills Oakley Lawyers (Applicant) Randwick City Council (Respondent) File Number(s): 2022/387540 Publication restriction: No
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