Hoang v Randwick City Council [2020] NSWLEC 1108

Land and Environment Court New South Wales

Medium Neutral Citation: Hoang v Randwick City Council [2020] NSWLEC 1108 Hearing dates: Conciliation conference on 2-3 March 2020 Date of orders: 10 March 2020 Decision date: 10 March 2020 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) Leave is granted to the Applicant to rely on the architectural plans (revision H) prepared by Jennifer Sze Tho Architect dated 26 February 2020. (2) The Applicant's written request under clause 4.6 of the Randwick Local Environmental Plan 2012 ("RLEP"), prepared by A Square Planning, dated 3 March 2020, seeking to justify the contravention of the floor space ratio development standard in clause 4.4 of the RLEP is upheld. (3) The appeal is upheld. (4) Development Application DA236/2019 seeking approval for alterations and additions to an existing garage to develop a first floor studio fronting Green Street at 119 Garden Street, Maroubra is approved subject to the conditions in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Randwick Local Environmental Plan 2012 Category: Principal judgment Parties: Minh Van Hoang (Applicant) Randwick City Council (Respondent) Representation: Counsel: M Hoang (Litigant in person) (Applicant) S Patterson (Solicitor) (Respondent)