Provincial Planning Pty Limited v Ku-ring-gai Council [2005] NSWLEC 188

Because the parties settled the matter in its entirety, the Court granted consent orders giving effect to their agreement and modified the existing development consent.

Jurisdiction: Australia
Judgment Date: 21 April 2005
Procedural Posture: Appeal Under S 96 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Modification Application / Ex Tempore Judgment; Consent Orders
Outcome: Appeal upheld; Development Consent 1795/01 modified; no order for costs; exhibits other than Exhibit A returned.
Legal Topics: ['modification Application' 'consent Orders' 'underground Parking' 'parking Provision' 's 94 Contributions']

['planning and Environment' 'development Consent'] ['modification Application' 'consent Orders' 'underground Parking' 'parking Provision' 's 94 Contributions']

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Procedural Posture

Appeal Under S 96 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Modification Application / Ex Tempore Judgment; Consent Orders

Legal Issues

1 ['Whether Development Consent 1795/01 should be modified following refusal of the modification application by Ku-ring-gai Council' 'Creation of additional underground parking on the site' 'Adequacy of parking provision' 'Payment of s 94 contributions in lieu of provision of parking spaces']

Ratio Decidendi

Because the parties settled the matter in its entirety, the Court granted consent orders giving effect to their agreement and modified the existing development consent.

Court Disposition

Appeal upheld; Development Consent 1795/01 modified; no order for costs; exhibits other than Exhibit A returned.

Orders

['The appeal is upheld;' 'Development Consent 1795/01 for the erection of a part four and part five storey commercial building with basement car parking at 741 Pacific Highway, Gordon (being Lot 1 DP 120856) is modified pursuant to s 96(6) of the Environmental Planning and Assessment Act 1979 with such development...