Carisakai Pty Ltd v Ku-Ring-Gai Council [2024] NSWLEC 1829

Carisakai Pty Ltd v Ku-Ring-Gai Council [2024] NSWLEC 1829

The appeal is upheld and development consent is granted for alterations and additions to an existing dwelling with landscaping works, as amended, because the development complies with the planning controls, is permissible, raises no heritage or biodiversity concerns, and no jurisdictional impediments exist. The...

Source-derived case information.

Parties
Applicant: Carisakai Pty Ltd ACN 6677 10474; Respondent: Ku-Ring-Gai Council
Jurisdiction
Australia
Judgment Date
20 December 2024
Procedural Posture
Development Appeal (class 1) / Final Orders Following Conciliation Conference and S 34 Agreement
Outcome
Appeal upheld. Development consent granted subject to conditions.
Legal Topics
Development Applications, Heritage Conservation, Statutory Planning Controls, Development Consent, Jurisdictional Prerequisites
Planning Law Environmental Law Development Applications Heritage Conservation Statutory Planning Controls Development Consent Jurisdictional Prerequisites

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Parties

Carisakai Pty Ltd ACN 6677 10474

Applicant

Ku-Ring-Gai Council

Respondent

Procedural Posture

Development Appeal (class 1) / Final Orders Following Conciliation Conference and S 34 Agreement

Legal Issues

  1. 1 Whether the proposed alterations and additions to an existing dwelling and landscaping works comply with applicable planning controls and are permissible on the site
  2. 2 Whether there are any jurisdictional impediments to granting development consent

Ratio Decidendi

The appeal is upheld and development consent is granted for alterations and additions to an existing dwelling with landscaping works, as amended, because the development complies with the planning controls, is permissible, raises no heritage or biodiversity concerns, and no jurisdictional impediments exist. The parties reached a lawful agreement and the Court is required to make orders in those terms.

Court Disposition

Appeal upheld. Development consent granted subject to conditions.

Orders

  • The appeal is upheld.
  • Development Application eDA0131/23 for alterations and additions to an existing dwelling and associated landscaping works at 18 Clermiston Avenue, Roseville NSW 2069, being Lot 22 DP6535, is determined by the grant of consent subject to the conditions set out in Annexure A.