Thomas v Randwick City Council [2019] NSWLEC 1411

Land and Environment Court New South Wales

Medium Neutral Citation: Thomas v Randwick City Council [2019] NSWLEC 1411 Hearing dates: Conciliation conference on 14 August 2019; 30 August 2019 Date of orders: 03 September 2019 Decision date: 03 September 2019 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders: (1) Leave is granted for the Applicant to amend the application to rely on the documentation listed in condition 1 of the conditions of consent at Annexure A. (2) The appeal is upheld. (3) Development Application No. 768/2017 (as amended) for alterations and additions to the existing dwelling house including enclosure of the ground floor alfresco area, a new deck with pergola on the western side of the pool and associated site and landscaping works at Lot G in DP 84739, otherwise known as 25 Liguria Street, Maroubra, is approved, subject to the conditions of consent at Annexure A. (4) Costs are reserved. Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Randwick Local Environmental Plan 2012 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446 Category: Principal judgment Parties: Shannon and Vivian Thomas (Applicant) Randwick City Council (First Respondent) Gillian Bryce (Second Respondent) Representation: Counsel: A Whealy (Solicitor) (Applicant) S Patterson (Solicitor) (First Respondent) M Wright SC (Second Respondent)