Barton v Ku-ring-gai Council [2006] NSWLEC 571

Land and Environment Court of New South Wales

CITATION : Barton v Ku-ring-gai Council [2006] NSWLEC 571

APPLICANT Fiona Barton PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 10184 & 10185 of 2006

CORAM: Moore C

Appeal - Development Consent :- KEY ISSUES: Modification application Order to demolish

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s96 & s121ZK

Moy v Warringah Council [2004] 133 LGERA 49; 142 A Crim R 577; NSWCCA 77; CASES CITED: 1643 Pittwater Road Pty Ltd v Pittwater Council [2004] NSWLEC 685; Falcomata v Ku-ring-gai Council (No 2) [2005] 143 LGERA 346; NSWLEC 459

DATES OF HEARING: 9 May and 23 August 2006

EX TEMPORE JUDGMENT DATE : 08/23/2006

APPLICANT Mr S Kondilios, solicitor Maddocks LEGAL REPRESENTATIVES: RESPONDENT Mr R Graham, solicitor Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Moore C

23 August 2006

10184 & 10185 of 2006 Fiona Barton v Ku-ring-gai Council

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. The consequence of the Court's decision in this appeal is the modification of the conditions of development consent. These modified 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 modified 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/