Lan v The Council of the City of Sydney [2020] NSWLEC 1015

Land and Environment Court New South Wales

Medium Neutral Citation: Lan v The Council of the City of Sydney [2020] NSWLEC 1015 Hearing dates: Conciliation conference on 20 November 2019 Date of orders: 15 January 2020 Decision date: 15 January 2020 Jurisdiction: Class 1 Before: Smithson C Decision: The Court orders: (1) The applicant is granted leave to amend the development application and rely upon the plans referred to in Condition 1 of Annexure "A". (2) The appeal is upheld. (3) Development Application D/2018/1368 for alterations and additions to the existing building and change of use to a single dwelling is approved subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – alterations to, and change of use of, existing terrace – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Sydney Local Environmental Plan 2012 Texts Cited: Sydney Development Control Plan 2012 Category: Principal judgment Parties: Eddie Lan (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) P Canning (Solicitor) (Respondent)

Solicitors: Boskovitz Lawyers (Applicant) Sydney City Council (Respondent) File Number(s): 2019/96912 Publication restriction: No