NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Mirvac Projects Pty Limited v Ku-ring-gai Council [2004] NSWLEC 359 APPLICANT PARTIES : Mirvac Projects Pty Limited RESPONDENT Ku-ring-gai Council FILE NUMBER(S) : 11556 of 2003 CORAM: Watts C at 1 KEY ISSUES: Development Application - Development Control Plan :- Community Title subdivision into eighteen lots previously approved by the council - Whether it is inappropriate to excavate Lots 13 14 15 and 17 at this time to the levels shown - Whether the retaining wall for the proposed slip-lane on Eastern Road should be approved given the lack of any engineering details and - The impact of the remediation works. LEGISLATION CITED: Ku-ring-gai Planning Scheme Ordinance, (KPSO) - Ku-ring-gai Development Control Plan No 16 - 134-138 Eastern Road Wahroonga, (DCP16) - State Environmental Planning Policy No 19 - Bushland in Urban Areas, (SEPP19) - Rivers and Foreshore Improvement Act 1948, (RFI Act)· - National Parks and Wildlife Act 1974 No 80, (Parks Act) - Environmental Planning and Assessment Act 1979, ss 79C and 97 CASES CITED: DATES OF HEARING: 2, 5, 6 April 2004 and 27 May 2004; Mention 22 June 2004 and 7 July 2004 DATE OF JUDGMENT: 07/08/2004
APPLICANT Mr C W McEwen, barrister instructed by Mr M Driscoll, solicitor SOLICITORS: Coudert Brothers LEGAL REPRESENTATIVES: RESPONDENT: Mr R K Graham, solicitor SOLICITORS: Abbott Tout
JUDGMENT:
In the Land and Environment Court of New South Wales
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