NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Armstrong Alliance Pty Limited v Kogarah City Council [2012] NSWLEC 1151 Hearing dates: 7 May 2012 Decision date: 06 June 2012 Jurisdiction: Class 1 Before: Brown ASC Decision: 1. The appeal is dismissed. 2. The Terms of Order given by the Kogarah Council under s 121B of the Environmental Planning and Assessment Act 1979 on 21 December 2011 for the partially completed multi unit housing development 19 Elizabeth Street, Allawah, is endorsed 3. The Reasons for the Order given by the Kogarah Council under s 121B of the Environmental Planning and Assessment Act 1979 on 21 December 2011 for the partially completed multi unit housing development 19 Elizabeth Street, Allawah, are modified in accordance with s 121K(4)(b) of the Environmental Planning and Assessment Act 1979 to read: The Reasons for the Order are: 3.1 The building under construction at Lot 36 DP 4724 being 19 Elizabeth Street Allawah is not being built in accordance with the "Construction Certificate" of Dix Gardner Pty Ltd 137/11 dated 25 May 2011, or 3.2 The building under construction at Lot 36 DP 4724 being 19 Elizabeth Street Allawah is not being built in accordance with the "amended Construction Certificate" of Dix Gardner Pty Ltd 137/11 dated 25 May 2011. 4. The exhibits are returned with the exception of exhibit 1. Catchwords: APPEAL: Order to stop work for partially constructed multi unit housing development - non compliance with development consent - non compliance with Construction Certificate - non compliance with amended Construction Certificate - fire safety - BASIX Certificate Legislation Cited: Environmental Planning and Assessment Act 1979 Category: Principal judgment Parties: Armstrong Alliance Pty Limited (Applicant) Kogarah City Council (Respondent) Representation: Counsel Mr M Ayache, solicitor (Applicant) Mr S Griffiths, solicitor (Respondent) Solicitors OneGroup Legal (Applicant) Pikes Lawyers (Respondent) File Number(s): 10024 of 2012
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