Charny Holdings Pty Limited v Ku-ring-gai Council [2006] NSWLEC 752

Land and Environment Court of New South Wales

CITATION : Charny Holdings Pty Limited v Ku-ring-gai Council [2006] NSWLEC 752

APPLICANT Charny Holdings Pty Limited PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 10683 of 2006

CORAM: Moore C

KEY ISSUES: Development Application :-

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Ku-ring-gai Planning Scheme Ordinance 1971

Stockland Development Pty Limited v Manly Council (2004) NSWLEC 472; CASES CITED: Blackmore Design Group Pty Limited v North Sydney Council (2001) 118 LGERA 290; Briginshaw v Briginshaw (1938) 60 CLR 336

DATES OF HEARING: 13 November 2006

EX TEMPORE JUDGMENT DATE : 11/15/2006

APPLICANT Mr J Robson SC INSTRUCTED BY Herbert Geer & Rundle LEGAL REPRESENTATIVES: RESPONDENT Mr D Wilson, barrister INSTRUCTED BY Wilshire Webb

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

15 November 2006

06/10683 Charny Holdings Pty Limited v Ku-ring-gai Council

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. The consequence of the Court's decision in this appeal is the grant of development consent subject to detailed conditions. These conditions are not reproduced as part of this decision but are available for inspection at the Council. In addition, a copy the Court's Orders and the conditions may be obtained from the Court's registry upon payment of a fee. Details of the fee payable and process for obtaining a copy of the Orders and conditions are available on the Court's web site at http://www.lawlink.nsw.gov.au/lec/