NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Kaplun v Ku-ring-gai C [2005] NSWLEC 544
APPLICANT Alice Eve Kaplun PARTIES : RESPONDENT Ku-ring-gai Council
FILE NUMBER(S) : 10451 of 2005
CORAM: Murrell C
Development Application :- Alterations and additions to dwelling - appeal against conditions to delete front carport - streetscape - fencing - character of area - setback - DCP provisions KEY ISSUES:
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Ku-ring-gai Planning Scheme Ordinance
CASES CITED: Zhang v Canterbury CC [2001] 115 LGERA 373
DATES OF HEARING: 14/07/2005 and 15/09/2005 EX TEMPORE JUDGMENT DATE : 09/15/2005
APPLICANT Mr S. Klinger, solicitor
LEGAL REPRESENTATIVES: RESPONDENT Mr N Laird and Mr P. Rigg, solicitors of Deacons
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Murrell C
15 September 2005
10451 of 2005 Alice Eve Kaplun v Ku-ring-gai Council
JUDGMENT 1 This is an extempore judgment for an appeal under s 97 of the Environmental Planning & Assessment Act against Ku-ring-gai Council's imposition of two conditions on a development consent for alterations and additions to an existing dwelling at the property known as No. 25 Highfield Road, Lindfield.
2 The two conditions that the applicant is appealing are in respect of a consent issued by the council on 28 April 2005 requiring the removal from the plans of a carport at the front of the dwelling. The two conditions are:
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