NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Comino v Ku-Ring-Gai Council [2007] NSWLEC 145
APPLICANT Chris Comino and Caroline Comino PARTIES : RESPONDENT Ku-Ring-Gai Council
FILE NUMBER(S) : 11263 of 2006
CORAM: Brown C
KEY ISSUES: Development Application :- erection of boundary fencing - bulk/scale - privacy
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
DATES OF HEARING: 13/03/07
DATE OF JUDGMENT: 23 March 2007
APPLICANT Mr J Hones, solicitor SOLICITORS Hones Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr R Graham, solicitor SOLICITORS Abbott Tout
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Brown C
23 March 2007
11263 of 2006 Chris Comino and Caroline Comino v Ku-Ring-Gai Council
JUDGMENT 1 COMMISSIONER: This is an appeal against the imposition of a condition on the approval by Ku-Ring-Gai Council (the council) of DA 0660/06 for the construction of a 1.8m high fence along the northern and eastern boundaries of 25 Awatea Road, St Ives (the site).
2 The proceedings were conducted as an On-Site Hearing on 13 March 2007 and the merits considered at this time however the council raised a point of law over the competency of the appeal. The point of law was heard by Lloyd J on 16 March 2007 where he found that "there is no impediment to the commissioner proceeding to determine the application".
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