NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Vigor Master Pty Ltd v Ku-Ring-Gai Council [2023] NSWLEC 1710 Hearing dates: 16 August 2023 Date of orders: 28 November 2023 Decision date: 28 November 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development Consent No. DA0255/15 is modified in the terms in Annexure A. (3) Development Consent No. DA0255/15 as modified by the Court is Annexure B. Catchwords: DEVELOPMENT APPEAL – modification application– boarding house – increase number of rooms – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.55, 4.56, 8.9 Public Health Regulation 2012 Public Health Regulation 2022 Cases Cited: 193 Liverpool Road Pty Ltd ACN 163231810 v Inner West Council [2022] NSWLEC 1197 Feldkirchen Pty Ltd v Development Implementation Pty Ltd (2022) 254 LGERA 114; [2022] NSWCA 227 Garbourg v Ku-ring-gai Council [2022] NSWLEC 1429 Realize Architecture Pty Ltd v Canterbury-Bankstown Council [2023] NSWLEC 1437 Category: Principal judgment Parties: Vigor Master Pty Ltd (Applicant) Ku-Ring-Gai Council (Respondent) Representation: Counsel: T Robertson SC (Applicant) C Rose (Solicitor)(Respondent)
Solicitors: Vigor Masters Pty Ltd (Applicant) Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 22/268806 Publication restriction: No
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