NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Tenacity Investments Pty Limited v Ku-ring-gai Council [2010] NSWLEC 1263
APPLICANT Tenacity Investments Pty Limited PARTIES : RESPONDENT Ku-ring-gai Council
FILE NUMBER(S) : 10221 of 2010
CORAM: Moore SC
KEY ISSUES: DEVELOPMENT CONSENT :- Modification application; is the proposed development, if modified, substantially the same development as that originally approved; extent of additional excavation and consumed and embedded energy; amenity of proposed new apartment; impact on neighbours
Environmental Planning and Assessment Act 1979 s 96AA(1)(a) Ku-ring-gai Town Centres Local Environmental Policy 2010 LEGISLATION CITED: Ku-ring-gai Planning Scheme Ordinance Ku-ring-gai Town Centres Development Control Plan 2010 Civil Procedure Act 2005 s 56
Tenacity Investments v Ku-ring-gai Council [2006] NSWLEC 148 Aon Risk Services Australia Limited v Australian National University [2009] HCA 27 Ali v Liverpool City Council [2009] NSWLEC 1327 CASES CITED: Vasic Pty Limited v Penrith City Council (1992 unreported - Stein J) Moto Projects (No. 2) Pty Limited v North Sydney Council [1999] NSWLEC 280; (1999) 106 LGERA 298 North Sydney Council v Michael Standley & Associates Pty Limited [1998] NSWSC 163; (1998) 43 NSWLR 468 Scrap Realty Pty Limited v Botany Bay City Council [2008] NSWLEC 333; (2008) 166 LGERA 342 Tenacity Investments v Ku-ring-gai Council [2006] NSWLEC 649
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