NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Ahmadian v Ku-ring-gai Council [2009] NSWLEC 1077
APPLICANT Bijan Ahmadian PARTIES : RESPONDENT Ku-ring-gai Council
FILE NUMBER(S) : 11007 of 2008
CORAM: Tuor C - Adam AC
DEVELOPMENT APPLICATION :- detached dual occupancy development removal of canopy trees, impact on endangered ecological community and streetscape KEY ISSUES: impact of bulk of new dwelling on exiting dwelling on the site adequacy of private open space
Environmental Planning and Assessment Act 1979 Threatened Species Conservation Act 1995 LEGISLATION CITED: State Environmental Planning Policy No 1 State Environmental Planning Policy No 53 – Metropolitan Residential Development Ku ring gai Planning Scheme Ordinance
CASES CITED: Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Mackenzie v Ku-ring-gai Council [2008] NSWLEC 1525
DATES OF HEARING: 5/03/09 and 06/03/09
DATE OF JUDGMENT: 31 March 2009
APPLICANT Mr I. Hemmings, barrister Instructed by Atkinson Vinden Lawyers LEGAL REPRESENTATIVES:
RESPONDENT Mr P. Marincowitz, solicitor of DLA Phillips Fox
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Tuor C Adam AC
31 April 2009
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