Ku-ring-gai Council v Buyozo Pty Ltd [2021] NSWCA 177 (13 August 2021) (Basten and Payne JJA at [1]; Preston CJ Of Lec at [17])


Catchwords:


ENVIRONMENT AND PLANNING – consent – application to modify consent – condition of consent requiring payment of monetary contribution – power to reduce contribution – no change to development – contribution paid in full – calculation of contribution – construction of “gross floor area”– loading areas excluded – only loading areas in approved plans excluded – no utility in modification