NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Patel v Ku-ring-gai Council [2023] NSWLEC 1355 Hearing dates: Conciliation conference 22, 23 June 2023 Date of orders: 07 July 2023 Decision date: 07 July 2023 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The Appeal is upheld. (2) Development Application No 0357/22 lodged on 19 August 2022, as amended, for the proposed alterations and additions to the existing dwelling, demolition of the existing swimming pool and carport, construction of a swimming pool and attached garage, removal of trees and associated works at 40 Powell Street, Killara, is determined by the grant of development consent subject to the conditions annexed hereto and marked Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environment Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 Ku-ring-gai Local Environmental Plan 2015, cll 2.3, 2.7, 5.10, 6.2, 6.3, sch 5 Pt 1 Category: Principal judgment Parties: Ilesh Patel (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: M Staunton (Applicant) C Shaw (Solicitor) (Respondent)
Solicitors: Hall and Wilcox (Applicant) Shaw Reynolds Lawyers (Respondent) File Number(s): 2023/33367 Publication restriction: No
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