NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Global Capital Properties Ltd v Ku-ring-gai Council [2010] NSWLEC 1105 This decision has been amended. Please see the end of the judgment for a list of the amendments.
PARTIES : Global Capital Properties Pty Ltd Ku-ring-gai Council
FILE NUMBER(S) : 10495 of 2009
CORAM: Tuor C - Dixon C
DEVELOPMENT APPLICATION - DEVELOPMENT STANDARDS - HERITAGE :- SEPP1 to frontage control KEY ISSUES: impact on adjoining heritage item adequacy of setback and landscaping bulk and scale
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Ku-ring-gai Planning Scheme Ordinance Ku-ring-gai Multi Unit Housing Development Control Plan No 55 State Environmental Planning Policy No 1
CASES CITED: Wehbe V Pittwater Council [2007]NSWLEC 827
DATES OF HEARING: 27,28 and 29 January and 16 and 20 February 2010
DATE OF JUDGMENT: 7 May 2010
Applicant
Mr M Staunton (Barrister) Veritas Legal Lawyers LEGAL REPRESENTATIVES: Respondent
Mr I Hemmings (Barrister) HWL Ebsworth Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Tuor C Dixon C
7 May 2010
10495 of 2009(2) Global Capital Properties Pty Ltd v Ku-ring-gai Council
JUDGMENT Introduction 1 This is an appeal under s 97 of the Environment Planning and Assessment Act 1979 (the Act) against the refusal by Ku-ring-gai Council (the council) of a development application for a residential flat building at 6A-8 Buckingham Road, Killara (the site). 2 The key contentions between the parties relate to whether:
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