Goodenough v Ku-ring-gai Council [2004] NSWLEC 597

Land and Environment Court of New South Wales

CITATION : Goodenough v Ku-ring-gai Council [2004] NSWLEC 597 APPLICANTS D & G Goodenough PARTIES : RESPONDENT Ku-ring-gai Council . FILE NUMBER(S) : 10918 of 2004 CORAM: Moore C Development Consent :- KEY ISSUES: Appeal against conditions . Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Ku-ring-gai DCP 38 . Datum Pty Ltd v Botany Bay City Council [2003] NSWLEC 62; CASES CITED: Zhang v Canterbury City Council (2001) 115 LGERA 373; Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472; . DATES OF HEARING: 26 October 2004 EX TEMPORE 10/26/2004 JUDGMENT DATE :

APPLICANTS Mr B Hones, solicitor Hones Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr R Graham, solicitor Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

26 October 2004

04/10919 D & G Goodenough v Ku-ring-gai Council

JUDGMENT 1 Commissioner: This is an appeal pursuant to s 97 of the Environmental Planning and Assessment Act 1979 (the Act) against a number of conditions imposed by Ku-ring-gai Council (the council) on the landscaping for and location of a proposed retaining wall at premises at 138 Tryon Road, East Lindfield (the site).