Arkirbuilt Pty Limited v Ku-Ring-Gai Council [2006] NSWLEC 211

Land and Environment Court of New South Wales

CITATION : Arkirbuilt Pty Limited v Ku-Ring-Gai Council [2006] NSWLEC 211

APPLICANT Arkibuilt Pty Limited PARTIES : RESPONDENT Ku-Ring-Gai Council

FILE NUMBER(S) : 10611 of 2005

CORAM: Jagot J - Watts C

KEY ISSUES: Appeal :- Application to modify development consent granted by the Court

Environmental Planning and Assessment Act 1979 s 79C, s 96(1A), s 96(6) LEGISLATION CITED: Ku-ring-gai Local Environmental Plan 194 State Environmental Planning Policy No 53 – Metropolitan Residential Development

DATES OF HEARING: 10/04/2006

EX TEMPORE JUDGMENT DATE : 04/10/2006

APPLICANT P Tomasetti and J Johnson SOLICITORS LEGAL REPRESENTATIVES: Nil RESPONDENT A Pickles SOLICITORS Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Jagot J

10 April 2006

10611 of 2005

ARKIBUILT PTY LIMITED Applicant

KU-RING-GAI COUNCIL Respondent

JUDGMENT Jagot J: Introduction 1 This is an appeal under s 96(6) of the Environmental Planning and Assessment Act 1979 (the "EPA Act"), which the parties seek to resolve by consent.

2 On 23 December 2005, the Court granted consent to DA 282/05 to demolish all improvements and to erect a multi-unit housing development at No's 2-8 Milray Street and No 10 Havilah Lane, Lindfield. It is this consent that the applicant seeks to modify.