Lambros v Randwick City Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Lambros v Randwick City Council [2014] NSWLEC 1190 Hearing dates:5-6 August 2014Decision date: 15 September 2014 Jurisdiction:Class 1Before: O'Neill C Decision: 1. The appeal is upheld.2. Modification Application No. DA/72/2013/1, for the removal of an approved set of stairs and revisions to the garage, streetfront and terrace over, is approved, subject to the consolidated conditions of consent at Annexure 'A'.3. The exhibits, other than exhibits 1, 8, A and H, are returned. Catchwords: MODIFICATION APPLICATION: impact on heritage item; impact on streetscape. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category:Principal judgmentParties: Mr Mike Lambros (Applicant) Randwick City Council (Respondent) Representation: Mr I Hemmings SC (Applicant) Mr A Seton Solicitor (Respondent) Gionis Legal & Advisory (Applicant) Marsdens Law Group (Respondent) File Number(s):10394 of 2014 JudgmentCOMMISSIONER: This is an appeal pursuant to the provisions of s 97AA of the Environmental Planning and Assessment Act 1979 against the refusal to modify a development consent (DA/72/2013) granted by the respondent Council on 17 September 2013 (the consent). The consent relates to land at 10 Victory Street, Clovelly (the site) and approves the demolition of the existing structures and the construction of a new dwelling and garage. The grant of consent is conditional and it requires the amendment of the approved plans, which are specified in conditions 2, 3 and 4 of the consent.The proposed modification of the consent, DA/72/2013/1 (the proposal) includes the removal of...