NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Shuttleworth v Ku-ring-gai C [2005] NSWLEC 324
APPLICANT Brian Shuttleworth
PARTIES : RESPONDENT Ku-ring-gai Council
FILE NUMBER(S) : 11304 of 2004
CORAM: Hoffman C
Appeal :- Construction of three two bedroom two storey villas - demolition of existing house - neighbourhood amenity - character - streetscape - convenient and safe access - water management - public interest - visual privacy KEY ISSUES:
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy 5 Ku-ring-gai Planning Scheme Ordinance
DATES OF HEARING: 11/03/2005 and 02/06/2005 EX TEMPORE JUDGMENT DATE : 06/02/2005
APPLICANT Mr S. Kondilios, solicitor of Maddocks
LEGAL REPRESENTATIVES:
RESPONDENT Mr A Hudson, solicitor of Wilshire Webb
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hoffman C
2 June 2005
11304 of 2004 Brian Shuttleworth v Ku-ring-gai Council
JUDGMENT 1 This is a Class 1 Appeal No. 11304 of 2004 between Brian Shuttleworth and Ku-ring-gai Council in regard to the deemed refusal for demolition of an existing house and erection of three two bedroom two-storey villas under State Environmental Planning Policy 5 for accommodation of elderly persons or persons with a disability.
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