Brunskill McClenahan v Ku-ring-gai Council [2005] NSWLEC 592

Land and Environment Court of New South Wales

CITATION : Brunskill McClenahan v Ku-ring-gai Council [2005] NSWLEC 592

APPLICANT Brunskill McClenahan and Associates Pty Limited

PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 10828 of 2005

CORAM: Brown C

Development Application :- subdivision of an existing lot into 2 lots - carparking - disabled access - loading and unloading facilities KEY ISSUES:

Environmental Planning and Assessment Act 1979 Ku-ring-gai Planning Scheme Ordinance LEGISLATION CITED: Ku-ring-gai Development Control Plan 14 Ku-ring-gai Development Control Plan 43

DATES OF HEARING: 10/10/05 EX TEMPORE JUDGMENT DATE : 10/10/2005

APPLICANT Ms J. Jagot, barrister SOLICITORS Mallesons Stephen Jaques

LEGAL REPRESENTATIVES:

RESPONDENT Mr P. Rigg, solicitor SOLICITORS Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

10 October 2005

10828 of 2005 Brunskill McClenahan and Associates Pty Limited v Ku-ring-gai Council

JUDGMENT 1 This is an appeal against the refusal by Ku-ring-gai Council (the council) of DA 741/04 for the subdivision of an existing lot at 296 Pacific Highway, Lindfield (the site) into two lots.

2 The site is located within a local neighbourhood shopping centre at the intersection of Beaconsfield Parade and Pacific Highway, Lindfield and is currently occupied by two brick buildings. The building fronting the Pacific Highway is 1 and 2 storeys and is used as the Lindfield Post Office. It is currently leased from Telstra to Australia Post. The building currently operates with six permanent casual staff.