Condux Pty Limited v. Ku-Ring-Gai Municipal Council [1989] NSWLEC 216

Land and Environment Court of New South Wales

CITATION : Condux Pty Limited v. Ku-Ring-Gai Municipal Council [1989] NSWLEC 216 APPLICANT Condux Pty Limited PARTIES : RESPONDENT Ku-Ring-Gai Municipal Council FILE NUMBER(S) : 10669 of 1988 CORAM: Hemmings J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act CASES CITED: DATES OF HEARING: DATE OF JUDGMENT: 07/14/1989

APPLICANT J.J. Spigelman QC with S.B. Austin

LEGAL REPRESENTATIVES:

RESPONDENT M.H. Tobias QC with M.G. Craig

JUDGMENT:

HIS HONOUR: Condux Pty Limited ("the Company") appeals against the refusal of the Ku-ring-gai Municipal Council ("the Council") of a development application to erect a three storey commercial office building at premises known as 337-353Pacific Highway, Lindfield. The Council, by letter of 29thDecember, 1988 advised:|CF2.|PSI

"Irefer to the above development application which has been determined by Council. You are advised that concerning the matter Council on 6thDecember, 1988 resolved the following:

1) That the application for consent to the erection of a three storey commercial office building with basement parking for 165 cars at 337-353Pacific Highway Lindfield, being Lots1 and 2, DP364990, Part Lots24 and 25 DP6608, Lot1 DP771847, and railway lands of approx- imately 514 square metres, be rejected for the reason that the proposed floor space ratio of 1.856:1 over the total site is considered to be an overdevelopment.

2) That the applicant be advised that Council would be prepared to consider an amended application, providing there is adherence by the developer to the following conditions as proposed in the report by the Chief Town Planner, dated 28thJuly as hereunder amended: