SRGD No.2 Pty Ltd v Ku-ring-gai Council [2023] NSWLEC 1417

Land and Environment Court New South Wales

Medium Neutral Citation: SRGD No.2 Pty Ltd v Ku-ring-gai Council [2023] NSWLEC 1417 Hearing dates: Conciliation conference on 29 June 2023 Date of orders: 02 August 2023 Decision date: 02 August 2023 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders that: (1) In accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away, as a result of the amendments, in the sum of $8000 within 14 days of the date of this order. (2) The appeal is upheld. (3) The Modification Application, to modify the development consent granted by the Court to Development Application No 0043/22 on 8 December 2022, for internal changes to the basement layout and walling, internal changes to layouts of most townhouses in the bathrooms and kitchens, deletion of lift lobbies in the basement, to extend the lift service to the attic floor level in 14 dwellings, and the reduction in the number of skylights, is approved, subject to the consolidated conditions of Development Consent set out in Annexure "A" to this judgment. Catchwords: MODIFICATION APPLICATION – multi dwelling housing – amended plans – conciliation conference – agreement between the parties – orders. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 2.22, 4.55, Sch 1 Land and Environment Court Act 1979, s 34 Category: Principal judgment Parties: SRGD No.2 Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: H Kahagalle (Solicitor) (Applicant) C Shaw (Solicitor) (Respondent)