Lim v Randwick City Council [2024] NSWLEC 1497

Land and Environment Court New South Wales

Medium Neutral Citation: Lim v Randwick City Council [2024] NSWLEC 1497 Hearing dates: Conciliation conference on 15 August 2024 Date of orders: 15 August 2024 Decision date: 15 August 2024 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) Leave is granted to the Applicant to rely on the Amended Application. (2) The appeal is upheld. (3) Development Consent No. DA/236/2019/A for alterations and additions to an existing garage, including the construction of a first floor over the garage at 119 Garden Street, Maroubra, is modified in accordance with the terms in Annexure A to provide for alterations to the rear yard and to the studio/study, including provision of a toilet on the first floor. (4) Development consent DA/236/2019/A as modified by the Court is Annexure B. Catchwords: APPEAL – modification application – modification of a development consent granted by the Court – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.56, 8.9 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021 ss 100, 113 Cases Cited: Hoang v Randwick City Council [2020] NSWLEC 1108 Category: Principal judgment Parties: Brandon Lim (Applicant) Randwick City Council (Respondent) Representation: Counsel: P Vergotis (Solicitor) (Applicant) V McGrath (Solicitor) (Respondent)