Max J Garey & Anor v Great Lakes Council [2007] NSWLEC 874

Land and Environment Court of New South Wales

CITATION : Max J Garey & Anor v Great Lakes Council [2007] NSWLEC 874

APPLICANTS Max Garey PARTIES : Kathleen Garey

RESPONDENT Great Lakes Council

FILE NUMBER(S) : 10964 of 2007

CORAM: Murrell C

KEY ISSUES: Appeal :- Modification Application for amendment to a condition of consent to delete reference to a s.88B instrument.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

CASES CITED: MacDonald v Mosman Council [1999] NSWLEC 215

DATES OF HEARING: 02/11/2007

EX TEMPORE JUDGMENT DATE : 2 November 2007

APPLICANT Ms J. Reid, solicitor of Pike Pike and Fenwick LEGAL REPRESENTATIVES:

RESPONDENT Mr B. Mallik, solicitor of Mallik Rees Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

2 November 2007

10964 of 2007 Max J Garey & Anor V Great Lakes Council

JUDGMENT 1 This extempore judgment is for an appeal under s 96(6) of the Environmental Planning and Assessment Act against the Council's refusal for an amendment to conditions of consent. The parties have come here today with consent orders. That is the respondent has agreed to vary condition 1A that is in dispute. The amendment deletes the requirement to place a restriction on title (s 88 instrument). 2 The approved development application is a three storey building containing garages at the lower level and at the rear of the garages a gym, a snooker/pool area directly linked to unit 1 above. There is lift access from garage 2 to dwelling 2, the third level of the building. There is no lift access for dwelling 1. The Council approved the development application 25 February 2003. Since that time there have been other s 96 approvals granted by the Council.