Alimova v Randwick City Council [2024] NSWLEC 1651

Land and Environment Court New South Wales

Medium Neutral Citation: Alimova v Randwick City Council [2024] NSWLEC 1651 Hearing dates: Conciliation Conference on 9 and 30 August 2024 Date of orders: 16 October 2024 Decision date: 16 October 2024 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to development application No. DA/1091/2023, as amended, for alterations and additions to the existing semi-detached dwelling including internal reconfiguration of rooms at all levels, new windows and door along the western elevation, new rear addition at ground floor level, new front and rear balconies at first floor level, with a carport structure, in-ground swimming pool, extended patio at lower ground level and new landscaping, at 36 Shackel Avenue, Clovelly, NSW, 2031, legally known as Lot 1 DP 303494, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 8.7, Sch 1, Div 2, s 7 Land and Environment Court Act 1979, s 34 Randwick Local Environmental Plan 2012, cll 2.2, 2.3, 4.3, 4.4, 6.1, 6.2, 6.4, 6.7, 6.10 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6 State Environmental Planning Policy (Sustainable Buildings) 2022 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, Ch 4, s 4.6 Texts Cited: Randwick Comprehensive Development Control Plan 2013 Category: Principal judgment Parties: N Alimova (Applicant) Randwick City Council (Respondent) Representation: Counsel: V Conomos (Applicant) M O'Gorman-Hughes (Respondent)