NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Sandig & Anor v Ku-ring-gai Council [2001] NSWLEC 74 APPLICANTS PARTIES : David & Mina Sandig and Palmlace Pty Ltd RESPONDENT Ku-ring-gai Municipal Council FILE NUMBER(S) : 10924; 10925 of 2000 CORAM: Sheahan J KEY ISSUES: Question of Law :- statutory construction - integrated development - interim heritage order - application to demolish item Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Heritage Act 1977 Land and Environment Court Act 1979 Cooper Brookes (Wollongong) Pty Ltd v The Commissioner of Taxation (1981) 147 CLR 297; CASES CITED: Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; Western Australia v The Commonwealth (1975) 134 CLR 201 DATES OF HEARING: 15/03/2001 DATE OF JUDGMENT: 04/19/2001
APPLICANT Barrister Mr P D White Solicitors Philip Densham White LEGAL REPRESENTATIVES: RESPONDENT Barrister Mr A Galasso Solicitors Pike Pike & Fenwick
JUDGMENT:
IN THE LAND AND Matter No: 10924-5 of 2000 ENVIRONMENT COURT Coram: Sheahan J OF NEW SOUTH WALES 19 April 2001
DAVID and MINA SANDIG, PALMLACE PTY LTD Applicants v KU-RING-GAI MUNICIPAL COUNCIL Respondent JUDGMENT
Introduction
1. These two class 1 appeals were commenced on 21 September 2000 against the deemed refusal of the council to grant consent to development applications ("DA") 956 and 957 of 2000.
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