Murrie v Ku-ring-gai Council [2009] NSWLEC 1041

Murrie v Ku-ring-gai Council [2009] NSWLEC 1041

Having inspected the site, considered the proposal as depicted in the drawings and the agreed conditions, and noting that there were no matters in dispute between the parties, the Court made the consent orders in all three matters.

Jurisdiction
Australia
Judgment Date
03 February 2009
Procedural Posture
Appeals Concerning a Demolition Order, an Application for a Building Certificate, and Development Consent / Ex Tempore Judgment by Consent
Outcome
The appeals were upheld or upheld in part by consent; the demolition order was modified, a building certificate was granted, and development consent was granted subject to conditions.
Legal Topics
['demolition Order' 'building Certificate' 'development Consent' 'retaining Wall' 'consent Orders']
['planning and Environment' 'local Government'] ['demolition Order' 'building Certificate' 'development Consent' 'retaining Wall' 'consent Orders']

Case Brief

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Procedural Posture

Appeals Concerning a Demolition Order, an Application for a Building Certificate, and Development Consent / Ex Tempore Judgment by Consent

Legal Issues

  1. 1 ['Whether the demolition order should be modified in relation to the retaining wall at 3 Lightcliff Avenue, Lindfield.' 'Whether a building certificate should be granted for the identified works.' 'Whether development consent should be granted for demolition, reconstruction, building works and landscaping works.']

Ratio Decidendi

Having inspected the site, considered the proposal as depicted in the drawings and the agreed conditions, and noting that there were no matters in dispute between the parties, the Court made the consent orders in all three matters.

Court Disposition

The appeals were upheld or upheld in part by consent; the demolition order was modified, a building certificate was granted, and development consent was granted subject to conditions.

Orders

  • ['In matter 10486 of 2008, the appeal is upheld in part.' 'The terms of order EPA0014/08 issued by Ku-ring-gai Council on 22 April 2008 are modified by the Court in accordance with section 121ZK(4)(b) of the Environmental Planning and Assessment Act 1979.' 'The retaining wall is to be demolished in accordance with...