› r 59.10 of the Uniform Civil Procedure Rules 2005 (NSW)
Environment and Planning
› consent
› conditions
› construction
› whether condition C.1(d) of the modified development consent prohibits excavation within the area previously identified as the ‘cellar’ level
Environment and Planning
› consent
› conditions
› s 19(1)(b) of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 (NSW)
› whether the relevant building work plans and specifications in the construction certificate are consistent with the modified development consent
Administrative Law
› ground of review other than procedural fairness
› unreasonableness
› jurisdictional error
› whether it was legally unreasonable for the certifier to determine the relevant building work plans and specifications were consistent with the modified development consent
› whether legal unreasonableness leads to invalidity of all or part of the construction certificate
Case Details
Citation[2024] NSWLEC 27
CourtNSWLEC
JurisdictionNew South Wales
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