NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Mohebati-Arani v Ku-ring-gai Council [2009] NSWLEC 1093
APPLICANT M Mohebati-Arani PARTIES : RESPONDENT Ku-ring-gai Council
FILE NUMBER(S) : 10858 of 2008
CORAM: Bly C
KEY ISSUES: DEVELOPMENT APPLICATION :- construction of an additional dwelling, a new front fence, a car parking space and a deck and enclosure for the storage of garbage bins
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Ku-ring-gai Planning Scheme Ordinance State Environmental Planning Policy 65.
DATES OF HEARING: 23/02/2009 and 05/03/2009
EX TEMPORE JUDGMENT DATE : 5 March 2009
APPLICANT Mr K. Willis, agent
LEGAL REPRESENTATIVES: RESPONDENT Mrs L. Finn, solicitor of HWL Ebsworth Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Bly C
5 March 2009
10858 of 2008 M Mohebati-Arani v Ku-ring-gai Council This decision was given extemporaneously. It has been revised and edited prior to publication.
JUDGMENT 1 This appeal relates to development application 0611/08 for the construction of an additional dwelling, a new front fence, a car parking space and a deck and enclosure for the storage of garbage bins at 696 Pacific Highway, Killara.
2 Existing on the site is a residential flat building containing nine dwellings.
3 The site is zoned Residential 2(d) under the Ku-ring-gai Planning Scheme Ordinance and in this zone residential flat buildings are permissible with development consent.
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