Provincial Planning Pty Limited v Ku-ring-gai Council [2005] NSWLEC 188

Land and Environment Court of New South Wales

CITATION : Provincial Planning Pty Limited v Ku-ring-gai Council [2005] NSWLEC 188

APPLICANT Provincial Planning Pty Limited PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 10020 of 2005

CORAM: Moore C

Development Consent :- KEY ISSUES: Modification application Consent orders

DATES OF HEARING: 21 April 2005 EX TEMPORE JUDGMENT DATE : 04/21/2005

APPLICANT Mr C Gough, solicitor Storey & Gough LEGAL REPRESENTATIVES: RESPONDENT Mr P Rigg, solicitor Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

21 April 2005

05/10020 Provincial Planning Pty Limited v Ku-ring-gai Council

JUDGMENT The consequence of the Court making consent orders in this appeal is the amendment of the conditions of an existing development consent. These conditions are not reproduced as part of this decision but are available for inspection at the Council. In addition, a copy the Court's Orders and the conditions may be obtained from the Court's registry upon payment of a fee. Details of the fee payable and process for obtaining a copy of the Orders and conditions are available on the Court's web site at http://www.lawlink.nsw.gov.au/lec/ 1 Commissioner: This is an appeal to s 96 of the environmental planning and assessment act 1979 against the refusal by Ku-ring-gai Council (the council) of an application to modify the development consent granted for the redevelopment of the Gordon Post Office site at 741 Pacific Highway, Gordon (being Lot 1 DP 120856). The redevelopment proposal incorporates preservation of the existing Post Office building. The matters which were subject of the appeal related to the creation of additional underground parking on the site, the adequacy of the parking provision and payment of the council of s 94 contributions in lieu of provisioning of parking spaces.