Xiang Rong Investments Pty Ltd v Ku-ring-gai Council [2012] NSWLEC 1087

Land and Environment Court New South Wales

Medium Neutral Citation: Xiang Rong Investments Pty Ltd v Ku-ring-gai Council [2012] NSWLEC 1087 Hearing dates: 28 March 2012 Decision date: 29 March 2012 Jurisdiction: Class 1 Before: Morris C Decision: To allow the making of Orders in these matters, the parties are directed to file conditions of consent relevant to each application including a schedule of agreed work that must be undertaken prior to the building certificate being issued. On receipt of those conditions, final Orders will be made in Chambers. Catchwords: CONSENT ORDERS - Modification application, building certificate, works not consistent with original development consent. Legislation Cited: Environmental Planning and Assessment Act 1979 Texts Cited: Building Code of Australia Category: Principal judgment Parties: Xiang Rong Investments Pty Ltd (Applicant)

Ku-ring-gai Council (Respondent) Representation: Counsel Mr C McEwen SC with Mr S Nash (Applicant)

Mr A Pickles (Respondent) Solicitors Ms M Mallos Maddocks Lawyers (Applicant)

Mr C Drury (Respondent) File Number(s): 10091 of 2012 10093 of 2012

Judgment 1These are two appeals that relate to refusal of applications by Ku-ring-gai Council to: (1)modify development consent DA0651/05 that authorised construction of a residential flat building; (Matter No 10093 of 2012) (2)issue a building certificate for certain works reflected in that modification application; (Matter No 10091 of 2012) 2A third appeal, matter No 10092 of 2012 was also heard however issues remained at the conclusion of the hearing that required further details to be provided and that matter is the subject of a consent orders hearing to be held on 12 April 2012. 3As the result of the works done by the experts in preparing reports for the hearings, the preparation of additional detailed plans by the applicant and commitment of the applicant to carry out agreed works, the parties have resolved the contentions and are seeking consent orders from the Court.