Ku-ring-gai Council v Bunnings Properties Pty Ltd (No 2) [2018] NSWLEC 19.

In this case the Court determined an appeal from a decision by a Commissioner to uphold a Class 1 appeal and to grant consent for development at Pymble including, inter alia, the demolition of existing buildings and the construction of a new building for the purposes of hardware and building supplies.

In considering this issue, the Court sets out a useful overview of the scope of the "Amber Light Approach" and the circumstances in which it may be applied in Class 1 Planning Appeals.