NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Mirvac Projects Pty Limited v Ku-ring-gai Council [2007] NSWLEC 63
APPLICANT Mirvac Projects Pty Limited PARTIES : RESPONDENT Ku-ring-gai Council
FILE NUMBER(S) : 11510 of 2004
CORAM: Murrell C
KEY ISSUES: Appeal :- s. 96 Modification Application, Streetscape, Bluegum High Forest - Ecological Community, Bush Regeneration, s. 88 Instruments restoration of Glenwood House heritage item.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
DATES OF HEARING: 1/02/2007
EX TEMPORE JUDGMENT DATE : 1 February 2007
APPLICANT Mr R. Wilshire, solicitor of Coudert Brothers
LEGAL REPRESENTATIVES: RESPONDENT Mr C. Leggett, SC instructed by Mrs L. Finn, solicitor of Abbott Tout
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Murrell C
1 February 2007
11510 of 2004. Mirvac Projects Pty Ltd v Ku-ring-gai Council
This determination was given extemporaneously and it has been edited prior to publication
JUDGMENT 1 This is an extempore judgment for an appeal under section 96(6) of the Environmental Planning and Assessment Act. (the Act). The applicant is seeking to amend a development approved by the Court in 2005. This consent was for a community title residential estate with 17 new dwellings and for the retention of the heritage item known as 'Glenwood House'. The property is on the corner of Eastern Road and Burns Road, Wahroonga.
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