NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Dale v Ku-ring-gai Municipal Council [2004] NSWLEC 670 APPLICANT Clive Dale PARTIES : RESPONDENT Ku-ring-gai Municipal Council
FILE NUMBER(S) : 10953 of 2004 CORAM: Murrell C KEY ISSUES: Development Application :- Demolition of existing dwelling and construction of an attached dual occupancy - privacy - landscape - setback - streetscape
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 CASES CITED: DATES OF HEARING: 28/10/2004 and 18/11/2004 EX TEMPORE 11/18/2004 JUDGMENT DATE :
APPLICANT Mr G McKee, solicitor McKees Legal Solutions
LEGAL REPRESENTATIVES: RESPONDENT Mr R Graham, solicitor Abbott Tout
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Murrell C
18 November 2004
10953 of 2004 Clive Dale v Ku-ring-gai Municipal Council
JUDGMENT 1 This is an appeal under s. 97 of the Environmental Planning and Assessment Act against Ku-ring-gai Municipal Council's refusal of a development application for the property known as 85 Pentacost Avenue, Pymble. The proposal is for the demolition of the existing dwelling and construction of an attached dual occupancy. The attached dual occupancy is such that it will read as a single large dwelling with two pavilions.
2 There was a court appointed expert in these proceedings, Ms Kerry Gordon. She assisted the Court, provided evidence and a statement to the Court and attended the on site meeting.
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