Sale v Ku-ring-gai Council [2005] NSWLEC 464

Land and Environment Court of New South Wales

CITATION : Sale v Ku-ring-gai Council [2005] NSWLEC 464

APPLICANT Phillip Sale PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 10998 of 2004

CORAM: Bly C

KEY ISSUES: Appeal :- Costs Applications

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 28/10/2004 and 16/05/2005

DATE OF JUDGMENT: 08/31/2005

APPLICANT Mr J Hannaford, solicitor SOLICITORS Hannaford Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr P Rigg, solicitor SOLICITORS Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

31 August 2005

10998 of 2004 Phillip Sale v Ku-ring-gai Council

JUDGMENT Background 1 These two costs applications relate to Development Application No. 600/04 ("the development application") and a subsequent application to amend the resultant development consent, which is for six dwellings in a medium density/seniors living development at 1 Tarook Avenue and 43 Canoon Road, Turramurra, comprising:

(a) Applicant's costs associated with the appeal against the deemed refusal of the development application; and (b) Respondent's and applicant's costs associated with the application to amend conditions attached to the development consent. 2 By way of background it is of relevance to note that the site has been the subject of two unsuccessful appeals to the Court for similar, more intensive development proposals (10505 of 2001 - eight dwellings and 10618 of 2003 - seven dwellings).