NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Futurespace Pty Ltd v Ku-ring-gai Council [2009] NSWLEC 1389
APPLICANT Futurespace Pty Ltd PARTIES : RESPONDENT Ku-ring-gai Council
FILE NUMBER(S) : 10513 of 2009
CORAM: Moore SC - Fakes C
DEVELOPMENT APPLICATION - DEVELOPMENT STANDARDS :- KEY ISSUES: SEPP 1 objections Impact on development potential of neighbouring properties S 94 contributions
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Ku-ring-gai Planning Scheme Ordinance State Environmental Planning Policy 1 Uniform Civil Procedure Rules 2005
CASES CITED: Futurespace Pty Ltd v Ku-ring-gai Council [2009] NSWLEC 153 Winten Property Group Limited v North Sydney Council [2001] NSWLEC 46
DATES OF HEARING: 12 and 13 November 2009
DATE OF JUDGMENT: 25 November 2009
APPLICANT Mr I Hemmings, barrister INSTRUCTED BY Hones La Hood LEGAL REPRESENTATIVES: RESPONDENT Mr J Robson SC INSTRUCTED BY Deacons
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
MOORE SC FAKES C
25 November 2009
09/10513 Futurespace Pty Ltd v Ku-ring-gai Council
JUDGMENT
1 COMMISSIONERS: As a consequence of government policy for increased density and thus increased high-rise development in a number of the villages within Ku-ring-gai Council's (the council's) area, including Turramurra, a new local environmental plan is to be adopted that will increase, in the vicinity of the site which is the subject of these proceedings, the land zoned for such purposes. 2 That new local environmental plan, to be known as the Ku-ring-gai Local Environmental Plan (Town Centres) 2008 (the Town Centres LEP), is based on the zones contained in the State government's template local environmental plan. 3 The present applicable planning regime is the Ku-ring-gai Planning Scheme Ordinance (the KPSO). Under the KPSO, the site is zoned 2(d3) and the proposal is permissible. An extract from the relevant zoning map showing the site marked with black edge and circled appears immediately below.
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