Mirvac Projects Pty Ltd v Ku-ring-gai Council [2005] NSWLEC 162

Land and Environment Court of New South Wales

CITATION : Mirvac Projects Pty Ltd v Ku-ring-gai Council [2005] NSWLEC 162

APPLICANT Mirvac Projects Pty Ltd

PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 11508; 11509 and; 11516 of 2004

CORAM: Roseth SC - Murrell C

Development Application :- 134-8 Eastern Road Wahroonga - Demolition of Interwar building - Heritage significance. KEY ISSUES:

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Ku-ring-gai Plalnning Scheme Ordinance 1971 Development Control Plan No. 16

DATES OF HEARING: 1/03/2005 - 2/03/2005

DATE OF JUDGMENT: 04/21/2005

APPLICANT Mr C. McEwen, SC SOLICITORS Coudert Brothers

LEGAL REPRESENTATIVES:

RESPONDENT Mr D. Officer, QC SOLICITORS Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC Murrell C

21 April 2005

11508 of 2004 Mirvac Projects Pty Ltd v 11509 of 2004 Ku-ring-gai Council 11516 of 2004

JUDGMENT

1 Commissioners: Appeal No 11509 of 2004 is an appeal from Ku-ring-gai Council's (the council) refusal of an application for the demolition of a building, referred to as the Interwar Building. There are also two other appeals that relate to lot 1 DP 186622 and lots 13, 14 and 15 DP 12810, known as 134-138 Eastern Road, Wahroonga (the site).

2 Appeal No 11508 of 2004 is against the council's deemed refusal of an application under s96 of the Environmental Planning and Assessment Act 1979 (the Act) to amend the development consent for subdivision, issued by the Council in May 2001, by the adjustment of the boundaries of the allotments and by re-aligning the road.