NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Quay & Wakeling v Ku-ring-gai Council [2005] NSWLEC 456
APPLICANT Chen Quay and Jean Wakeling
PARTIES : RESPONDENT Ku-ring-gai Council
FILE NUMBER(S) : 10201 of 2005
CORAM: Brown C
Development Application :- Construction of a dual occupancy dwelling - demolition of existing dwelling - impact on streetscape - character of the locality - solar access - impacts on neighbouring property. KEY ISSUES:
Environmental Planning and Assessment Act 1979 Ku-ring-gai Local Environmental Plan 194 LEGISLATION CITED: Ku-ring-gai Planning Scheme Ordinance State Environmental Planning Policy No 53
DATES OF HEARING: 21/07/05 and 02/08/05 EX TEMPORE JUDGMENT DATE : 08/03/2005
APPLICANT Mr S. Kondilios, solicitor SOLICITORS Maddocks
LEGAL REPRESENTATIVES:
RESPONDENT Mr R. Graham, solicitor SOLICITORS Abbott Tout
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Brown C
3 August 2005
10201 of 2005 Chen Quay and Jean Wakeling v Ku-ring-gai Council
JUDGMENT 1 This is an appeal against the refusal by Ku-ring-gai Council (the council) of Development Application 148/04 for the demolition of an existing dwelling and the construction of an attached dual occupancy development at No. 16 Havilah Road, Lindfield (the site).
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