Kogarah City Council v Armstrong Alliance Pty Ltd (No 2) [2013] NSWLEC 32

Land and Environment Court New South Wales

Medium Neutral Citation: Kogarah City Council v Armstrong Alliance Pty Ltd (No 2) [2013] NSWLEC 32 Hearing dates: 15 March 2013 Decision date: 15 March 2013 Jurisdiction: Class 4 Before: Pepper J Decision: See orders at [28] Catchwords: Declarations and Injunctions: development not in conformity with consent - inconsistency between plans as approved and plans as certified - consent declaration - utility of making declaration - submitting appearance by certifier - costs - costs awarded against certifier Legislation Cited: Environmental Planning and Assessment Act 1979, ss 109F(1)(a), 121B, Environmental Planning and Assessment Regulation 2000, reg 145(1)(a) Kogarah Local Environmental Plan 1998, cl 7 Cases Cited: Bankstown City Council v Sfinarolkis [2011] NSWLEC 179 Cutcliffe v Lithgow City Council [2006] NSWLEC 463; (2006) 147 LGERA 330 Hill Top Residents Action Group Inc v Minister Administering the Sporting Venues Authorities Act 2008 (No 4) [2011] NSWLEC 6 Kogarah City Council v Armstrong Alliance Pty Ltd [2011] NSWLEC 260 Armstrong Alliance Pty Ltd v Kogarah City Council [2012] NSWLEC 1151 Armstrong Alliance v Kogarah City Council [2012] NSWLEC 1360 Category: Principal judgment Parties: Kogarah City Council (Applicant) Armstrong Alliance Pty Ltd (First Respondent) Lyall Ernest Dix (Second Respondent) Representation: Mr A M Pickles (Applicant) Mr S B Nash (First Respondent) Mr E Gough (Second Respondent) (Solicitor) Pikes Lawyers (Applicant) One Group Legal (First Respondent) Storey & Gough Lawyers (Second Respondent) File Number(s): 41242 of 2011