NSW Caselaw
Land and Environment Court of New South Wales
Lexington 88 v Ku-ring-gai Council [2005] NSWLEC 635 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.
Applicant: Lexington 88 Pty Ltd PARTIES : Respondent: Ku-ring-gai Council
FILE NUMBER(S) : 10131 of 2005
CORAM: Roseth SC - Brown C
KEY ISSUES: Development Application :- erection of residential flat building - streetscape - landscaped area
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Ku-ring-gai Local Environmental Plan 194
DATES OF HEARING: 18-19/10/2005, 15/11/2005
DATE OF JUDGMENT: 11/18/2005
Applicant: Mr D Baird, solicitor of Maddocks Lawyers LEGAL REPRESENTATIVES: Respondent: Mr P Rigg, solicitor of Deacons
JUDGMENT: - 7 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Roseth SC with Brown C
18 November 2005
10131 of 2005 Lexinghouse 88 Pty Ltd v Ku ring gai Council
JUDGMENT
The consequence of the Court's decision in this appeal is the grant of development consent subject to detailed conditions. 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 Commissioners: This is an appeal against the deemed refusal by Ku-ring-gai Council of Development Application No 1099/04 to demolish the existing structures and construct a residential flat building containing 51 dwellings on lot 1 DP 260234, lot 1 DP 219761 and lots 2 and 4 DP 269533, known as 1-1A Lamond Drive and 1444-1444A Pacific Highway, Turramurra (the site). 2 Because of its proximity to the site and the similarity of issues, a separate appeal to construct a residential flat building with frontages to Finlay Road, Turramurra (Appeal No 10130 of 2005, Finpac 88 Investments Pty Ltd v Ku ring gai Council) was heard concurrently.
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