Noble v Ku-ring-gai Municipal Council [2026] NSWLEC 1710
Before: Sherry AC · NSW Land and Environment Court
Summary
ENVIRONMENT AND PLANNING — modification of consent — appeal — conciliation conference — s 34 agreement
Catchwords
ENVIRONMENT AND PLANNING — modification of consent — appeal — conciliation conference — s 34 agreement
Outcome
The Court orders: (1) The appeal is upheld. (2) Modification Application No. eMOD0033/26 (as amended) for the enclosure of an existing outdoor deck and associated works and the use of the enclosed areas at 21 Mahratta Avenue, Wahroonga is determined by the grant of consent subject to the modified conditions set out in Annexure “A” and the consolidated conditions set out in Annexure “B”.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 4.17, 4.55, 8.9 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), s 23 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022 Ku-ring-gai Local Environmental Plan 2015, cl 6.2
Read the full judgment
Authoritative text on NSW Caselaw · ~7k words
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