IPM P/L v Ku-ring-gai C [2005] NSWLEC 573

Land and Environment Court of New South Wales

CITATION : IPM P/L v Ku-ring-gai C [2005] NSWLEC 573

APPLICANT IPM Pty Limited

PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 10418 of 2005

CORAM: Hoffman C

Development Consent :- Refusal of 2 buildings - 5 storey high - residential flats of 42 apartments and basement carpark - streetscape - landscape proposed - neighboring retaining wall and drainage - tree and wildlife conservation - vibration damage from excavation - higher density zoning impacts on heritage items - construction traffic impacts on locality - solar access to proposed units - expenditure of s 94 plan contributions - shadows. KEY ISSUES:

Environmental Planning and Assessment Act 1979 Ku-ring-gai Local Environmental Plan 194 LEGISLATION CITED: Ku-ring-gai Development Control Plan 55 State Environmental Planning Policy 65

DATES OF HEARING: 02/08/2005 and 21/09/2005

DATE OF JUDGMENT: 09/28/2005

APPLICANT Mr C. Shaw, solicitor of Shaw Reynolds Lawyers

LEGAL REPRESENTATIVES:

RESPONDENT Mr B. Tobin and Mr R. Graham, solicitors of Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

28 September 2005

10418 of 2005 IPM Pty Limited v Ku-ring-gai Council

JUDGMENT 1 This is a Class 1 appeal 10418 of 2005 between I.P.M. Pty Limited and Ku-ring-gai Council in regard to refusal of consent for 2 buildings, 5 storey high, comprising residential flats of 42 apartments with basement parking for 81 cars and 14 bicycles at No. 11-19 Moree Street Gordon.