Fan He v Ku-Ring-Gai Council [2022] NSWLEC 1257

Fan He v Ku-Ring-Gai Council [2022] NSWLEC 1257

The Court upheld the appeal as both parties consented to a modification of the Development Control Order to permit specified remedial works ensuring compliance with approved development consent, and ordered the eventual revocation of the Order upon certification and inspection of the works.

Parties
Applicant: Fan He; Respondent: Ku-Ring-Gai Council
Jurisdiction
Australia
Judgment Date
23 May 2022
Procedural Posture
Class 1 Miscellaneous Appeal / Post Conciliation Conference Decision
Outcome
Appeal upheld; Development Control Order modified and subject to revocation upon completion of remedial works as specified.
Legal Topics
Development Control Orders, Stop Work Orders, Conciliation Conference, Appeal, Modification of Orders, Basement Construction, Compliance and Inspection
Environmental Law Planning Law Development Control Orders Stop Work Orders Conciliation Conference Appeal Modification of Orders Basement Construction +1 more

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Parties

Fan He

Applicant

Ku-Ring-Gai Council

Respondent

Procedural Posture

Class 1 Miscellaneous Appeal / Post Conciliation Conference Decision

Legal Issues

  1. 1 Whether the Development Control Order was properly issued for unapproved construction works
  2. 2 Whether the modification and revocation of the Development Control Order is warranted under the Environmental Planning and Assessment Act 1979

Ratio Decidendi

The Court upheld the appeal as both parties consented to a modification of the Development Control Order to permit specified remedial works ensuring compliance with approved development consent, and ordered the eventual revocation of the Order upon certification and inspection of the works.

Court Disposition

Appeal upheld; Development Control Order modified and subject to revocation upon completion of remedial works as specified.

Orders

  • The appeal is upheld.
  • Development Control Order No. 2 is modified to permit specified remedial works under Schedule 1 and attached plans.