NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Gabb v Ku-ring-gai Council [2009] NSWLEC 1255
APPLICANT Christine Gabb PARTIES : RESPONDENT Ku-ring-gai Council
FILE NUMBER(S) : 10255 of 2009
CORAM: Murrell C
KEY ISSUES: SECTION 96 MODIFICATION :- front setback and turning bay: impact on streetscape and heritage items
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Ku-ring-gai Local Environmental Plan Ku-ring-gai Development Control Plan
CASES CITED: Zhang v Canterbury CC [2001] NSWCA 167
DATES OF HEARING: 1 July 2009 and 2 July 2009
EX TEMPORE JUDGMENT DATE : 2 July 2009
APPLICANT Mr S Kondilios (solicitor) SOLICITOR Maddocks Lawyers LEGAL REPRESENTATIVES:
RESPONDENT Dr Smith (solicitor) SOLICITOR Deacons
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Murrell C
2 July 2009
10255 of 2009 Christine Gabb v Ku-ring-gai Council This determination was given extemporaneously and has been edited prior to publication
JUDGMENT 1 This is an appeal under a s 96(6) of the Environmental Planning and Assessment Act for a modification application seeking the setback condition to be varied or deleted from the consent issued by the Council 14 February 2008.
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