Chin v Lane Cove Council [2009] NSWLEC 1153

Land and Environment Court of New South Wales

CITATION : Chin v Lane Cove Council [2009] NSWLEC 1153

APPLICANT Pinky Fung Lin Chin PARTIES : RESPONDENT Lane Cove Council

FILE NUMBER(S) : 10073 of 2008

CORAM: Hoffman AC

KEY ISSUES: APPEAL :- Notice of Motion - to change Orders of 12 September 2008.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Uniform Civil Procedures Rules 2005 Land and Environment Court Rules 2007

CASES CITED: Chin v Lane Cove Council [2008] NSWLEC 1366

DATES OF HEARING: 17 March 2009 and 22 April 2009

EX TEMPORE JUDGMENT DATE : 22 April 2009

APPLICANT Mr L Chin (Agent)

LEGAL REPRESENTATIVES: RESPONDENT Ms K Law (solicitor) SOLICITOR Matthew Folbigg

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

22 April 2009

10073 of 2008 Chin v Lane Cove Council

JUDGMENT 1 This hearing was in regard to the re-amended Notice of Motion filed on 9 February 2009 by the applicant Pinky Fung Ling Chin against Lane Cove Council in regard to the Orders in appeal 10073 of 2008. The judgment in that appeal had been handed down on 12 September 2008.

2 The Notice of Motion sought changes to the Orders that had arisen, in the applicant's submissions, from the attachment to the Orders of a plan of the front yard of his property at 11 Grace Street, Lane Cove. The plan shows the substantial concrete paving laid in the front yard, and the portions of paving the council had sought to have removed.