NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Killara Lawn Tennis Club Limited v Ku-ring-gai Council [2010] NSWLEC 1183
APPLICANT Killara Lawn Tennis Club Limited PARTIES : RESPONDENT Ku-ring-gai Council
FILE NUMBER(S) : 10969 of 2009
CORAM: Murrell C
KEY ISSUES: DEVELOPMENT APPLICATION :- existing use rights; lighting of 4 tennis courts; extended hours of operation; impact on residential amenity - noise, traffic, light spill; intensification of use; inconsistent with residential village character of area.
Environmental Planning and Assessment Act 1979 and Regulations LEGISLATION CITED: Ku-ring-gai Planning Scheme Ordinance Australian Standard AS 4282--1997 'Control of Obtrusive effects of Outdoor Lighting'
Telstra Corp Ltd V Hornsby Shire Council [2006] NSWLEC 133 Fodor Investments v Hornsby Shire Council [2005] NSWLEC 71 Kremer & Associates v North Sydney Municipal Council [1982] 47 LGRA 209 CASES CITED: Royal Agricultural Society of New South Wales v Sydney City Council [1987] 61 LGRA 305 Mobil Oil Australia v Ku-ring-gai Municipal Council [1990] 70 LGRA 419 Fabcot Pty Ltd v Hawkesbury City Council [1997] 93 KGERA 373 Carden v Willoughby Municipal Council [1985] 56 LGRA 366
DATES OF HEARING: 30 & 31 March 2010, 7 May 2010 & 27 August 2010
DATE OF JUDGMENT: 19 November 2010
APPLICANT Mr N Eastman (barrister) SOLICITOR Tress Cox Lawyers LEGAL REPRESENTATIVES:
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